PEOPLE v. ARCE


44 A.D.2d 513 (1974)

The People of the State of New York, Respondent, v. Andrew Arce, Appellant

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

March 7, 1974


Defendant, who had no prior conflicts with the law, was convicted of assaulting a Housing Authority Patrolman. Conflicting testimony was introduced by each combatant as to who was the agressor and each side presented supporting witnesses. Unknown to the trial court, a disinterested witness saw the entire encounter. He gave his nickname and address to Mrs. Arce and volunteered to appear as a defense witness. Mrs. Arce passed along the information to defense counsel, but it...

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