People v. Savvides

Breitel, J. P. (dissenting).

Defendant was convicted, after trial, for felonious possession of a narcotic drug, and was sentenced to State Prison for three to six years.* The conviction should be reversed and a new trial granted, on the ground the trial was not fair, despite the fact that the evidence amply supports the finding of guilt.

The unfairness in the trial arose from false and misleading testimony given by the accomplice witness with respect to whether he had received promises of consideration in his own criminal case for co-operating with the prosecution. The true facts were known to…