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PEOPLE v. McDOWELL

59 A.D.2d 948 (1977)

The People of the State of New York, Respondent, v. Daniel McDowell and Charles Dunleavy, Appellants

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

November 28, 1977

Judgments affirmed and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5).

Although we are compelled, due to the overwhelming proof of guilt against both defendants, to affirm the judgments, it is necessary for us to comment on a stratagem of the prosecutor which we believe was unfair. The defense presented only one witness, defendant McDowell. On cross-examination the...

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