PEOPLE v. MITCHELL


78 A.D.2d 820 (1980)

The People of the State of New York, Respondent, v. Pablo Mitchell, Appellant

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

November 18, 1980


Unanimously affirmed.

A major claim on this appeal is a charge of prosecutorial misconduct. It is asserted that the prosecutor knowingly permitted a nine-year-old witness to testify falsely that prior to her testimony she did not talk to the prosecutor about the case. During the proceedings below the defendant did not pursue this matter, although he had the opportunity to do so. Thus the point is not preserved for appeal. However, it may be pursued by an appropriate...

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