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PEOPLE v. DI CICCO

10 A.D.2d 734 (1960)

The People of the State of New York, Respondent, v. Philip Di Cicco, True Name Philip Gilbert Di Cicco, Appellant

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

March 28, 1960

Judgment reversed upon the law and the facts, and a new trial ordered.

In our opinion, appellant did not have a fair trial. The prosecutor's repeated and continuing references to the testimony given before the Grand Jury by the witness Manuel Quinones, husband of appellant's codefendant, although it was apparent that he would not answer the questions put to him, was prejudicial conduct which affected appellant's substantial...

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