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PEOPLE v. ZAYAS

61 A.D.2d 594 (1978)

The People of the State of New York, Respondent, v. Herberto Zayas, Appellant

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

April 4, 1978

Attorney(s) appearing for the Case

Arthur Birnbaum of counsel (Demov, Morris, Levin & Shein, attorneys), for appellant.

Leonard G. Kamlet of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney), for respondent.

MURPHY, P. J., EVANS and MARKEWICH, JJ., concur with FEIN, J.; SILVERMAN, J., concurs in the result in an opinion.

FEIN, J.

Appellant was convicted after a jury trial of sodomy in the first degree and aggravated harassment.

The human condition is such that no person can be guaranteed a perfect trial. However, the Constitution mandates that every defendant be given a fair trial. Defendant asserts that he was denied a fair trial because of counsel's failure to call as witnesses on his behalf three persons whose testimony...

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