PEOPLE v. MARTIN


35 A.D.2d 786 (1970)

The People of the State of New York, Respondent, v. Earl Martin, Appellant

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

November 5, 1970


Welch, victim of the robbery charged to defendant, was present outside the building in which defendant was encountered by the police, and in a position to observe him as he left in police custody. At the hearing, defense counsel asked that he be produced by the District Attorney. He was not produced, and the hearing court gave no direction that he be produced. His version of the circumstances at the times he saw the defendant should have been most relevant in arriving at...

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