PEOPLE v. KOCYLA


167 A.D.2d 938 (1990)

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

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

November 16, 1990


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Defendant was convicted of stabbing and killing his employer John Petrus on September 24, 1983 in the Town of Watertown. The key prosecution witness was Wendell Sweet, who also worked for the victim. Sweet was jointly charged with two counts of murder and other crimes arising out of Petrus' death, but pleaded guilty to grand larceny, unauthorized use of a motor vehicle, tampering with...

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