PEOPLE v. TURAINE


78 N.Y.2d 871 (1991)

The People of the State of New York, Respondent, v. Ditain Turaine, Also Known as Dittan Turaine, Also Known as Ditian Turaine, Also Known as Dhain Turaine, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1991.


Attorney(s) appearing for the Case

E. Joshua Rosenkranz for appellant.

Robert M. Morgenthau, District Attorney (Catherine M. Cook and Donna Krone of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

On the day of defendant's jury trial one of the witnesses against him, who was being held on other charges, was mistakenly placed in the holding pen in the courthouse with defendant. During the trial, the prosecutor attempted to have the witness testify that while in the holding pen, defendant threatened or intimidated him...

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