PEOPLE v. SMITH


53 A.D.2d 652 (1976)

The People of the State of New York, Appellant, v. James Smith, James Jenkins, Anthony Williams and Larry Bostic, Respondents

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

June 14, 1976


Order reversed, on the law and the facts, motions denied, and consolidated indictment reinstated.

Defendants were indicted, late in 1973, for the crimes of murder and robbery in the first degree. On July 16, 1975, some 20 months thereafter, the District Attorney moved the case for trial, but indicated to the court that a key witness for the prosecution was unwilling to testify because he feared for himself and his family. The matter was adjourned to the following...

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