PEOPLE v. McCLINTON


75 A.D.2d 900 (1980)

The People of the State of New York, Respondent, v. Arthur McClinton, Appellant

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

May 27, 1980


Judgment reversed, on the law, and new trial ordered.

No issue has been presented with respect to the facts. The defendant sought to call the arresting officer during the trial as part of his defense. The prosecution asked that an offer of proof be made and asserted that there was nothing to which the officer could testify. The defendant then stated that he desired to show the circumstances surrounding his arrest. Criminal Term denied the defendant's application....

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