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PEOPLE v. ZACHERY

31 A.D.2d 732 (1968)

The People of the State of New York, Respondent, v. Willie Zachery, Appellant

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

December 12, 1968

Judgment unanimously reversed on the law and facts and a new trial granted.

Memorandum:

Defendant was denied a fair trial by the prejudicial conduct of the prosecutor in calling to the witness stand a codefendant with advance knowledge that he was going to invoke the privilege against self incrimination and refuse to answer questions (People v. Pollock, 21 N.Y.2d 206). The court, recognizing that the jury had seen...

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