PEOPLE v. MUNIZ


89 A.D.2d 611 (1982)

The People of the State of New York, Respondent, v. Herberto Muniz, Appellant

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

July 19, 1982


Judgment reversed, on the law, and new trial ordered.

The court improperly permitted the prosecutor to cross-examine two defense witnesses as to their failure to come forward to the police or Grand Jury with evidence which would have exonerated defendant, without first determining the good faith basis for such questioning or holding a Bench conference to determine the reason for the witnesses' silence. It also failed to give the jury curative instructions as requested...

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