People v. Thurston

Judgment unanimously affirmed. Memorandum: On appeal from his convictions of rape in the first degree and burglary in the third degree, defendant argues that he was denied a fair trial because the prosecutor was unable to produce a jailhouse informant to whom the prosecutor had referred in his opening statement. When it came to the prosecutor’s attention during trial that this witness had been acting as a police agent when he extracted admissions from defendant, the prosecutor immediately informed the court and conceded that the testimony of this witness should be suppressed. Finding no bad…