PEOPLE v. MIMS


59 A.D.2d 769 (1977)

The People of the State of New York, Respondent, v. Charles Mims, Appellant

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

October 24, 1977


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

We reverse the judgment and order a new trial for the following reasons: FIRST: The prosecutor elicited and made extensive capital of the fact that defendant-appellant's alibi witness had not reported to the police or the District Attorney the fact that appellant allegedly had been with him during the time of the crime. Under the facts of this case this was...

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