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PEOPLE v. CADE

73 N.Y.2d 904 (1989)

The People of the State of New York, Respondent, v. Derrick Cade, Appellant.

Court of Appeals of the State of New York.

Decided February 9, 1989.

Attorney(s) appearing for the Case

Adrienne Hale and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Janet M. Berk and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged with and convicted of second degree robbery. At trial, he offered an alibi defense through the testimony of his brother, who testified that at the time of the robbery he and defendant were playing basketball. In rebuttal, the prosecutor was permitted to call defendant's parole officer (not identified as such to the jury), who...

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