PEOPLE v. McCAIN


42 A.D.2d 866 (1973)

The People of the State of New York, Respondent, v. Theodore McCain, Jr., Appellant

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

August 13, 1973


Judgment reversed, on the law, and case remanded to the Nassau County Court for a new trial not inconsistent with this memorandum.

At the trial, the County Court permitted one Robert H. Campbell to testify that he was a probation officer over defense counsel's vigorous objection and demand for a mistrial. Thereafter, Mr. Campbell stated that defendant came to his office and told him that he was wanted by the police for his alleged commission of an act of rape upon...

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