PEOPLE v. FAY


85 A.D.2d 512 (1981)

The People of the State of New York, Respondent, v. Larry Fay, Appellant

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

December 3, 1981


In colloquy at the trial's inception, out of the jury's presence, concerning the defense strategy to the effect that the gun was planted on defendant because there was a weak robbery case, defense counsel, while acknowledging that the fact of defendant's arrest for robbery (which charge was later dismissed) would come before the jury, argued that this "does not open the door to all aspects of the robbery". The trial court was of the view that testimony concerning the robbery...

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