PEOPLE v. POTTER


50 A.D.2d 410 (1976)

The People of the State of New York, Respondent, v. Richard D. Potter, Appellant

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

January 15, 1976


Attorney(s) appearing for the Case

Michael J. Walter for appellant.

Patrick D. Monserrate, District Attorney, for respondent.

KOREMAN, MAIN and REYNOLDS, JJ., concur with SWEENEY, J.; HERLIHY, P. J., concurs in a separate opinion.


SWEENEY, J.

Defendant was arrested, tried and convicted of the crime of burglary, third degree. The arrest occurred on February 7, 1974 after defendant had been implicated by his alleged accomplice. Defendant maintained his innocence and gave the name of his girl friend as an alibi witness. The police interrogated her and she denied being with defendant at the time of the crime. While defendant was still in custody...

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