PEOPLE v. SANDERS


108 A.D.2d 316 (1985)

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

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

May 20, 1985


Attorney(s) appearing for the Case

William E. Hellerstein (David P. Friedman of counsel), for appellant.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood, Roseann B. MacKechnie and Rosalyn H. Richter of counsel), for respondent.

MANGANO and KUNZEMAN, JJ., concur with TITONE, J. P.; WEINSTEIN, J., dissents and votes to reverse the judgment and order a new trial, with an opinion.


TITONE, J. P.

Defendant appeals from a judgment of the Supreme Court, Kings County, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, and imposing sentence. His basic contention is that the trial court erred in permitting one of the prosecutor's main witnesses to give testimony concerning the general appearance of the assailant, following a pretrial ruling which precluded the witness from making...

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