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PEOPLE v. FOSTER

164 A.D.2d 894 (1990)

The People of the State of New York, Respondent, v. Julius Foster, Appellant

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

August 13, 1990

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in denying his motion for a mistrial on the ground that the People failed to call a witness mentioned in the prosecutor's opening statement, a codefendant who had been granted immunity, but refused to testify on the eve of trial on Fifth Amendment grounds. The defendant concedes that the prosecutor did not act in bad...

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