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PEOPLE v. HOWARD

151 A.D.2d 990 (1989)

The People of the State of New York, Respondent, v. David Howard, Appellant

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

June 2, 1989

Judgment unanimously affirmed.

Memorandum:

The prosecution's refusal to immunize potential defense witness Mack Lumpkin did not deprive defendant of his right to compulsory and due process, and the court's decision to excuse the witness and deny the motion for dismissal of the charges was proper. "It is well established that a defendant has no constitutional right to require the conferral of immunity on a defense...

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