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PEOPLE v. NOVOA

70 N.Y.2d 490 (1987)

The People of the State of New York, Respondent, v. Nestor Novoa, Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1987.

Attorney(s) appearing for the Case

Andrew E. Abraham and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Donald J. Siewert and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA concurs in the result and in the portion of Judge KAYE'S opinion dealing with "The Promises Issue", noting his separate concurring opinion in People v Jones () with respect to "The Rosario Issue".

KAYE, J.

Central to this appeal are issues relating to promises of benefit by the prosecution to a trial witness who is under separate indictment for unrelated crimes. We conclude that the prosecutor here breached a duty to disclose such promises, to correct the witness's testimony that she was promised nothing, and to refrain from misstatement in summation. In the...

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