PEOPLE v. SMALLS


94 A.D.2d 777 (1983)

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

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

May 23, 1983


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

Defendant was charged, inter alia, with attempted murder in the second degree, arising out of the shooting of one Cleveland Layne in a tavern on October 29, 1978. Prior to trial, defendant moved to preclude the People from introducing, on their direct case, evidence relating to Layne's testimony against defendant in a prior criminal trial in 1972 which...

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