PEOPLE v. HOLMES


82 A.D.2d 61 (1981)

The People of the State of New York, Respondent, v. Dorothy Ann Holmes, Appellant

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

July 16, 1981


Attorney(s) appearing for the Case

Steven T. Wax, Public Defender (Edson A. Bostic of counsel), for appellant.

Patrick D. Monserrate, District Attorney (Patrick H. Mathews of counsel), for respondent.

SWEENEY and CASEY, JJ., concur with MAHONEY, P. J.; KANE and HERLIHY, JJ., dissent and vote to affirm in an opinion by KANE, J.


MAHONEY, P. J.

The central issue presented by this appeal is the impact of the trial court's rulings with respect to the testimony of the prosecution's alibi rebuttal witnesses. The defendant, aided and abetted by another person, was charged with forcibly stealing property consisting of a wallet and its contents. On the date of her arraignment, August 6, 1979, the People served on the defendant a demand that if defendant intended to offer an alibi defense...

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