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PEOPLE v. FRANKLIN

48 A.D.2d 931 (1975)

The People of the State of New York, Respondent, v. Mario Franklin, Appellant

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

June 30, 1975

Judgment reversed, on the law, and new trial ordered.

One of the complaining witnesses was under indictment on a charge unrelated to this prosecution. During the testimony of this witness, the trial court permitted the attorney representing him in the other matter to sit at the counsel table with the Assistant District Attorney and to object to questions put to the witness on cross-examination. As it was error for the trial...

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