PEOPLE v. KOULLIAS


96 A.D.2d 869 (1983)

The People of the State of New York, Respondent, v. Anthony Koullias, Appellant

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

August 8, 1983


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

The court erred in admitting into evidence a wood sample purportedly taken from the fire scene and the test results that it contained traces of gasoline. The People's own expert conceded at trial that the test was invalid since there was a substantial possibility that the sample was contaminated after its removal from the fire scene. Moreover, it was unclear...

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