PEOPLE v. JIMENEZ


102 A.D.2d 439 (1984)

The People of the State of New York, Respondent, v. Manuel Jimenez, Appellant

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

July 3, 1984


Attorney(s) appearing for the Case

Alan E. Kudisch of counsel (Fishman & Kudisch, attorneys), for appellant.

Donald J. Siewert of counsel (Roger Parloff with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

ASCH and LYNCH, JJ., concur with ALEXANDER, J.; SANDLER, J. P., concurs in an opinion; SILVERMAN, J., dissents in a separate opinion.


ALEXANDER, J.

Manuel Jimenez stands convicted after jury trial of the crimes of robbery in the first and second degrees, grand larceny in the third degree and assault in the second degree. He appeals from this judgment of conviction, contending that he was deprived of a fair trial because a tape of a telephone call to the police 911 number was improperly received into evidence against him and because of prosecutorial misconduct. We agree that there should...

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