PEOPLE v. WHITE


57 N.Y.2d 129 (1982)

The People of the State of New York, Respondent, v. Gerald White, Appellant.

Court of Appeals of the State of New York.

Decided October 5, 1982.


Attorney(s) appearing for the Case

James J. Cruise, Jr., for appellant.

John J. Santucci, District Attorney (Thelma Lee and Richard G. Denzer of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Judge JASEN concurs in result only; Judge GABRIELLI taking no part.


MEYER, J.

A defendant's attorney who learns of an alibi witness at arraignment does not act unethically in not then revealing the existence of that witness to the prosecution. A trial in which the Trial Judge in his questioning of the attorney who represented defendant at arraignment, called as a witness to establish that the testimony of the alibi witness at trial is the same information he received at arraignment...

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