PEOPLE v. GALLOWAY


54 N.Y.2d 396 (1981)

The People of the State of New York, Respondent, v. Vincent Galloway, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1981.


Attorney(s) appearing for the Case

Allen A. Hans for appellant.

Mario Merola, District Attorney (Vida M. Alvy and Billie Manning of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge MEYER dissents and votes to reverse in a separate opinion in which Chief Judge COOKE concurs.


FUCHSBERG, J.

Painstaking consideration of the record as a whole compels us to agree with the Appellate Division that, while the trial tactics of both the prosecutor and the defense counsel are highly criticizable, the defendant was not deprived of a fair trial.

In so deciding, we realistically recognize that a trial, particularly one which turns, as did the present one, on issues of credibility, under...

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