PEOPLE v. JACKSON


36 N.Y.2d 922 (1975)

The People of the State of New York, Respondent, v. Larry A. Jackson, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1975.


Attorney(s) appearing for the Case

Philip L. Weinstein and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Helman R. Brook of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge GABRIELLI dissents and votes to affirm in a separate opinion.


MEMORANDUM.

The trial court found as a fact that plea negotiations had concluded before a prosecution witness, Gabriel Frassetti, spoke to defendant. The court also found that Frassetti, in speaking to defendant, was not acting as an agent of the prosecution. Since there was sufficient evidence to support these findings of fact, the issues are beyond review in this court (CPL 470.35; People v Baker,

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