PEOPLE v. JIMINEZ


79 A.D.2d 442 (1981)

The People of the State of New York, Respondent, v. Hector Jiminez, Appellant

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

March 24, 1981


Attorney(s) appearing for the Case

Steven M. Jaeger of counsel (William E. Hellerstein, attorney), for appellant.

Harold Kenneth King, Jr., of counsel (Billie Manning and Timothy J. McGinn with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

LUPIANO, SILVERMAN, BLOOM and CARRO, JJ., concur.


FEIN, J. P.

The issue is whether defendant Hector Jiminez was denied due process and a fair trial by reason of the fact that the prosecution waited until after defendant introduced into evidence a written confession of the crime by one Luis Heredia (Heredia) before disclosing that Heredia was then in custody and had recanted the confession.

The People's evidence established that defendant and Victor Pagan...

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