PEOPLE v. VANN


54 A.D.2d 356 (1976)

The People of the State of New York, Respondent, v. Solomon Vann, Appellant

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

November 18, 1976


Attorney(s) appearing for the Case

Steven Lloyd Barrett of counsel (Lawrence H. Sharf with him on the brief; William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Norman Barclay of counsel (Peter L. Zimroth with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MURPHY, BIRNS, SILVERMAN, CAPOZZOLI and LANE, JJ., concur.


Per Curiam.

Twenty-four years after a jury found the defendant Vann guilty of murder and he was sentenced to life imprisonment, he raises now, for the first time, his claim that his trial was unfair. We agree.

He seeks a reversal of his conviction and a new trial, or in the interest of justice a dismissal of the indictment due to the impossibility of retrial. We would reverse and order a new trial.

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