PEOPLE v. DONOVAN


55 A.D.2d 655 (1976)

The People of the State of New York, Respondent, v. Godfrey Donovan, Appellant

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

December 20, 1976


Judgment reversed, on the law, and new trial ordered.

No findings of fact were presented for review. The trial court should have granted defendant's request to charge, with respect to the prior contradictory statement, pursuant to the provisions of CPL 60.35 (subd 2). With commendable candor, the District Attorney has acquiesced in this disposition...

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