PEOPLE v. BROWN


68 A.D.2d 503 (1979)

The People of the State of New York, Respondent, v. Henry Brown, Appellant

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

June 18, 1979


Attorney(s) appearing for the Case

James S. Carroll, III (Gregory Traverse Crawford of counsel), for appellant.

Eugene Gold, District Attorney (Laurie Stein Hershey of counsel), for respondent.

COHALAN and MARGETT, JJ., concur with HOPKINS, J. P.; SUOZZI, J., dissents and votes to reverse the judgment and order a new trial, with an opinion.


HOPKINS, J. P.

The defendant has been convicted of escape in the second degree. He claims that Criminal Term erroneously excluded evidence which he was prepared to submit in the form of testimony which would have substantiated his defenses of justification and duress. In short, the defendant argues that his evidence would have shown the escape was motivated because of threats on his life made by prison guards...

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