PEOPLE v. BERRY


62 A.D.2d 1021 (1978)

The People of the State of New York, Respondent, v. Lloyd Berry, Appellant

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

April 10, 1978


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

Defendant Berry was indicted with one Raymond Mintz in connection with the robbery of three men on February 5, 1976 and a joint trial was commenced. Just prior to the conclusion of the People's case, however, codefendant Mintz elected to plead guilty and, thereafter, he became a principal witness for the defense. Mintz testified that he had committed the robbery with someone named Sonny Simms and not with defendant...

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