PEOPLE v. THURSTON


167 A.D.2d 964 (1990)

The People of the State of New York, Respondent, v. Daniel C. Thurston, Appellant

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

November 16, 1990


Judgment unanimously affirmed.

Memorandum:

On appeal from his convictions of rape in the first degree and burglary in the third degree, defendant argues that he was denied a fair trial because the prosecutor was unable to produce a jailhouse informant to whom the prosecutor had referred in his opening statement. When it came to the prosecutor's attention during trial that this witness had been acting as a police agent when he extracted admissions from defendant...

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