PEOPLE v. RICHARDS


69 A.D.2d 845 (1979)

The People of the State of New York, Respondent, v. Oscar D. Richards, Appellant

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

April 9, 1979


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

The proof in the instant case to a great extent dealt with collateral issues which might well have pointed the jury away from the basic issues concerning the charges preferred against the defendant. Therefore, in the interest of justice, there should be a new trial. If the proof at the new trial consists of the same facts adduced at the instant trial, the charge of sexual...

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