PEOPLE v. SIMMONS


36 N.Y.2d 126 (1975)

The People of the State of New York, Respondent, v. John Simmons, Also Known as John White, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1975.


Attorney(s) appearing for the Case

Susan E. Hofkin and William E. Hellerstein for appellant.

Nicholas Ferraro, District Attorney (Bruce E. Whitney of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

The principal issues presented for our review are, first, whether the admission into evidence at an identification hearing and at trial of the deceased victim's preliminary hearing testimony violates defendant's constitutional right of confrontation; and, second, whether the failure by the District Attorney, through inadvertence or negligence, to disclose exculpatory material in his control, constitutes...

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