PEOPLE v. McCORMICK


39 A.D.2d 590 (1972)

The People of the State of New York, Respondent, v. James J. McCormick, Appellant

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

April 17, 1972


Judgment and order reversed, on the law and the facts and in the interests of justice, and new suppression hearing and new trial ordered.

In this case the testimony of police officer Di Gennaro given on the suppression hearing and that given by him on the trial are in such basic and flagrant contradiction that in the interests of justice the order denying defendant's motion to suppress must be reversed and a new hearing held. As a consequence there also must be a...

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