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PEOPLE v. SAVVIDES

1 A.D.2d 242 (1956)

The People of the State of New York, Respondent v. Savva Savvides, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 13, 1956.

Attorney(s) appearing for the Case

Peter L. F. Sabbatino of counsel (Thomas J. Todarelli and Edward J. Fontana with him on the brief; Sabbatino & Todarelli, attorneys), for appellant.

Sidney M. Fruhling of counsel (Charles W. Manning with him on the brief; Frank S. Hogan, District Attorney, New York County, attorney), for respondent.

BOTEIN and COX, JJ., concur with RABIN, J.; BREITEL, J. P., dissents and votes to reverse in opinion, in which FRANK, J., concurs.

RABIN, J.

Defendant appeals from a judgment convicting him of the crime of feloniously possessing narcotics (Penal Law, § 1751). We are satisfied that he is guilty beyond question. However, it is urged that there must be a reversal and a new trial because a witness had previously been promised leniency by the District Attorney in return for his co-operation in prosecuting the defendant, and that fact was not disclosed by either the District Attorney...

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