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PEOPLE v. CUMMINGS

35 N.Y.2d 716 (1974)

The People of the State of New York, Respondent, v. Ervin Douglas Cummings and Earl Williams, Appellants.

Court of Appeals of the State of New York.

Decided October 17, 1974.

Attorney(s) appearing for the Case

Charles J. Scibetta and Nathaniel A. Barrell for appellants.

Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum; Judge JASEN taking no part.

MEMORANDUM.

The orders of the Appellate Division are reversed and a new trial ordered. The District Attorney, upon announcing that he intended to read a portion of the Grand Jury minutes at the trial, stipulated that he would have no objection to appellants' counsel reading any portion of the Grand Jury testimony. After reading a part of the testimony to the trial jury, all of which tended to incriminate the appellants, the...

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