PEOPLE v. WELCOME


46 A.D.2d 860 (1974)

The People of the State of New York, Respondent, v. Ernest Welcome, Appellant

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

December 5, 1974


Nunez, J., dissents in a memorandum as follows:

I would reverse and grant the motion to set aside the verdict on the grounds of newly discovered evidence to the extent of remanding the matter for a hearing. Convicted of murder after trial, Ernest Welcome is serving a sentence of 25 years to life. Defendant steadfastly asserted his innocence, asked for a polygraph test which was denied, and presented an alibi...

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