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PEOPLE v. RUSS

79 N.Y.2d 173 (1992)

The People of the State of New York, Respondent, v. Rodney Russ, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1992.

Attorney(s) appearing for the Case

Ursula Bentele and Robert M. Pitler for appellant.

Charles J. Hynes, District Attorney (Margaret E. Mainusch, Jay M. Cohen and Victor Barall of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE and TITONE concur with Judge BELLACOSA; Judge HANCOCK, JR., concurs in result in a separate opinion in which Judges SIMONS and ALEXANDER concur.

BELLACOSA, J.

Defendant appeals, by leave of a Judge of this Court, from an order of the Appellate Division affirming his conviction for murder after a jury trial. The reading of the Grand Jury testimony of teen-age witness Gonzalez to the petit jury under extremely prejudicial and improper circumstances constituted reversible error. The prosecution adduced "testimony" evincing only Gonzalez's refusal to implicate...

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