PEOPLE v. TUNSTALL


63 N.Y.2d 1 (1984)

The People of the State of New York, Appellant, v. James Tunstall, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1984.


Attorney(s) appearing for the Case

William L. Murphy, District Attorney (Karen F. McGee of counsel), for appellant.

Julia Pamela Heit for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


JASEN, J.

The critical issue presented is whether a pretrial hearing must be held to determine whether a defendant's ability to cross-examine a prosecution witness has been unduly impaired as a result of that witness's having been hypnotized in an effort to learn additional details of the crime even though the hypnotic process did not lead to the discovery of any significant new facts and the witness's testimony...

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