PEOPLE v. MARGAN


157 A.D.2d 64 (1990)

The People of the State of New York, Respondent, v. James Margan, Appellant

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

April 23, 1990


Attorney(s) appearing for the Case

Thomas E. Crice for appellant.

Charles J. Hynes, District Attorney (Barbara D. Underwood, Ann Bordley and Lindsay Brown of counsel), for respondent.

LAWRENCE, HARWOOD and BALLETTA, JJ., concur.


BRACKEN, J. P.

In this matter, the Trial Judge directed the prosecutor to begin the direct examination of his first witness even though the defendant's attorney had not yet arrived in the courtroom. As a consequence of this ruling, a portion of the direct examination of a State witness took place in the absence of defense counsel. The People now concede that "it would have been wiser to wait for defense counsel...

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