PEOPLE v. LYLES


63 A.D.2d 740 (1978)

The People of the State of New York, Respondent, v. David Lyles, Also Known as David Plummer, Appellant

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

May 29, 1978


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

The People's case rested mainly on the testimony of a friend of the defendant who, by his own admission, had accompanied the defendant to the scene of the murder carrying a double-barreled sawed-off shotgun in a shopping bag. The shotgun was allegedly used to murder one of the victims. Afterwards, the witness provided the defendant with a ride home. The principal corroboration...

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