PEOPLE v. CARTER


45 A.D.2d 742 (1974)

The People of the State of New York, Respondent, v. Kenneth Carter, Appellant

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

June 17, 1974


Judgment and order under Indictment No. 2136/71 and sentence under Indictment No. 826/72 affirmed.

We have examined the record on the issue of the motion to examine the witnesses on commission thoroughly and conclude that the denial of the motion was a sound exercise of discretion by the Criminal Term. The witnesses were intended to bolster the defense of alibi, which defendant proffered at the trial through the testimony of his grandmother and grandfather. The latter...

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