PEOPLE v. HOLT


67 N.Y.2d 819 (1986)

The People of the State of New York, Respondent, v. James Holt, True Name Jerome Smith, Appellant.

Court of Appeals of the State of New York.

Decided March 20, 1986.


Attorney(s) appearing for the Case

David Samel and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Joyce P. Adolfsen and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was convicted of stabbing a man to death in a parking lot on West 39th Street, near 9th Avenue, in Manhattan, based upon the testimony of a single eyewitness. At trial, defendant testified that, at the time that the crime was committed, he was 11 blocks away, on West 50th Street, and that, earlier in the evening he...

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