PEOPLE v. SELASSIE


140 Misc.2d 616 (1988)

The People of the State of New York, Plaintiff, v. Kimani Selassie, Defendant.

Supreme Court, Bronx County.

August 8, 1988


Attorney(s) appearing for the Case

Westly Serra for defendant. Paul Gentile, District Attorney (Steven E. Cherry of counsel), for plaintiff.


DOMINIC R. MASSARO, J.

The question presented is whether a defendant should be precluded from an otherwise acceptable evidentiary submission but for a governmental failing. Based on the court's analysis, such a ruling would offend fundamental tenets of fairness inherent in criminal jurisprudence.

Upon trial of this action, the defense sought to introduce into evidence a New York City Police Department...

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