PEOPLE v. JARRELLS


190 A.D.2d 120 (1993)

The People of the State of New York, Respondent, v. Gregory Jarrells, Appellant

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

May 4, 1993


Attorney(s) appearing for the Case

Malvina Nathanson for appellant.

James J. Troy of counsel, New York City (Norman Barclay with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MILONAS, J. P., and ROSENBERGER J., concur with ROSS, J.; KUPFERMAN, J., dissents in a separate opinion.


Ross, J.

On this appeal we are called on to decide whether the belated production of Rosario material combined with the improper cross-examination of the defendant effectively denied this defendant a fair trial. Since the main issue in this short trial was credibility, we conclude that the two errors denied this defendant a fair trial and accordingly reverse the conviction and remand the matter for a...

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