PEOPLE v. COX


61 A.D.2d 1035 (1978)

The People of the State of New York, Respondent, v. John Cox, Appellant

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

March 20, 1978


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

The facts have been considered and are determined to have been established. The prosecution's sole witness who testified to the alleged criminal events was an undercover police officer. His testimony as to the first sale of marihuana was controverted in certain essential details by two defense witnesses. Thus, the issue of credibility was paramount. Therefore, when the prosecutor was permitted, over objection,...

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