PEOPLE v. CARROLL


90 Misc.2d 621 (1977)

The People of the State of New York, Plaintiff, v. Robert Carroll, Also Known as Clyde, Defendant.

Supreme Court, Westchester County, Criminal Term.

May 27, 1977


Attorney(s) appearing for the Case

Vincent Cerchiara for defendant. Carl A. Vergari, District Attorney (James B. Bragg of counsel), for plaintiff.


DANIEL F. McMAHON, J.

The trial of the defendant was interrupted to conduct a Wade hearing after a witness identified the defendant, following his refusal to do so at the first trial. The court granted defendant's motion to interrupt the trial because of the unusual circumstances and in the interest of justice. The District Attorney had not served any notice under CPL 710.30.

The defendant was...

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