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PEOPLE v. WILLIAMS

142 A.D.2d 310 (1988)

The People of the State of New York, Respondent, v. John T. Williams, Appellant

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

December 30, 1988

Attorney(s) appearing for the Case

Stephen J. Pittari (Peter Paul Insero, Jr., of counsel), for appellant.

Carl A. Vergari, District Attorney (Toni R. Schwartz and Maryanne Luciano of counsel), for respondent.

LAWRENCE and WEINSTEIN, JJ., concur with BALLETTA, J; BRACKEN, J. P., concurs in a separate opinion.

BALLETTA, J.

We are presented with an opportunity on this appeal to bridge a gap in the case law so as to reconcile the fact that a Sandoval ruling (see, People v Sandoval, 34 N.Y.2d 371) may not be used as a ground for limiting the cross-examination by a defendant of his codefendant with the trial court's power to exercise its traditional discretion in...

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