PEOPLE v. FORBES


87 A.D.2d 829 (1982)

The People of the State of New York, Respondent, v. Ethan Forbes, Appellant

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

April 5, 1982


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

The facts have been considered and are determined to have been established. The defendant sought to call his sister as a witness on his behalf. Criminal Term denied this request on the ground that her testimony would be collateral. This ruling was erroneous. The right to present evidence by witnesses of one's own choosing is a fundamental ingredient of due process (Jenkins v McKeithen, 395...

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