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PEOPLE v. JONES

85 Misc.2d 220 (1976)

The People of the State of New York, Plaintiff, v. James Jones, Also Known as James Lee, Defendant.

Supreme Court, New York County.

January 8, 1976

Attorney(s) appearing for the Case

J. Denkensohn for defendant. Robert M. Morgenthau, District Attorney (A. Diamond of counsel), for plaintiff.

BUDD G. GOODMAN, J.

What does justice require when the court ascertains after jury selection and Wade hearing, that the presence of a confidential informant at the sale was deliberately withheld from the defense until trial and that his whereabouts are now unknown?

The underlying facts are not in dispute. This defendant, James Lee, was arrested on September 25, 1974 for an A-III felony sale which...

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