PEOPLE v. DALTON


38 N.Y.2d 222 (1976)

The People of the State of New York, Respondent, v. Timmy Dalton, Appellant.

Court of Appeals of the State of New York.

Decided January 6, 1976.


Attorney(s) appearing for the Case

Judith Preble and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Judith K. Rubinstein and Peter L. Zimroth of counsel), for respondent.

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


WACHTLER, J.

The defendant has been convicted of possession and of sale of narcotics and related offenses. He claims that the convictions must be set aside because the court refused to allow one of his alibi witnesses to testify that the defendant was in New Jersey at the time he allegedly made the sale in New York City. We have concluded that the defendant should be granted a new trial on the sale count.

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