PEOPLE v. PRESTON


128 Misc.2d 78 (1985)

The People of the State of New York, Plaintiff, v. Neal Preston, Defendant.

Supreme Court, Criminal Term, Kings County.

April 11, 1985


Attorney(s) appearing for the Case

Caesar D. Cirigliano and Steven I. Lubowitz for defendant. Elizabeth Holtzman, District Attorney (Martha Hochberger of counsel), for plaintiff.


MARTIN SCHNEIER, J.

Does the failure by a police officer to ascertain the identity of a witness who, at the scene of the crime, asserted the defendant's nonparticipation in that crime, compel a dismissal of the indictment?

The defendant, in his omnibus motion, moves, inter alia, that the indictment against him be dismissed because the police did not record the identity of a possible exculpatory witness.

Police Officer John Ciuffo...

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