PEOPLE v. POTTER


52 A.D.2d 544 (1976)

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

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

April 13, 1976


With commendable candor, the District Attorney concedes that the instant judgment must be reversed and a new trial granted due to the improper consolidation of indictments and the prejudice to defendant at trial which resulted from this consolidation. In one indictment, defendant was charged with a sale of heroin occurring on October 15, 1973. In another indictment, defendant and one Sylvia Mitchell were charged with a sale occurring on October 1, 1973. In a third indictment...

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