PEOPLE v. COTTO


28 A.D.2d 1116 (1967)

The People of the State of New York, Respondent, v. Hermes Faura Cotto, Appellant

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

November 30, 1967


Judgment convicting defendant of murder in the first degree unanimously reversed, on the law and the facts, and a new trial directed.

Substantial error and unfairness in the trial requires the reversal. It was unfair and improper for the District Attorney to withhold from the defendant information with respect to the statements made by the codefendant Nisbett that may have tended to exculpate the defendant. The District Attorney, during the trial, had accepted Nisbett...

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