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PEOPLE v. MORALES

37 N.Y.2d 262 (1975)

The People of the State of New York, Appellant, v. Jose Morales, Respondent.

Court of Appeals of the State of New York.

Decided June 17, 1975.

Attorney(s) appearing for the Case

Richard H. Kuh, District Attorney (James Bryan and Lewis R. Friedman of counsel), for appellant.

Arnold E. Wallach and Peter J. Peluso for respondent.

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

FUCHSBERG, J.

Where, as a sanction for his failure to comply with what was then our notice-of-alibi statute (CPL 250.20, formerly Code Crim Pro, § 295-l), the defendant was prevented from calling an alibi witness, is a subsequent holding that the statute is unconstitutional (People v Bush, 33 N.Y.2d 921, cert den 419 U.S. 848) retroactive so as to require, on direct...

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