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PEOPLE v. TRAMMEL

84 N.Y.2d 584 (1994)

644 N.E.2d 1310

620 N.Y.S.2d 754

The People of the State of New York, Respondent, v. Ulysses Trammel, Appellant.

Court of Appeals of the State of New York.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (James Eckert of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Mark W. Pedersen of counsel), for respondent.

Judges SMITH, LEVINE and CIPARICK concur with Judge BELLACOSA; Chief Judge KAYE dissents and votes to reverse in a separate opinion in which Judges SIMONS and TITONE concur.

BELLACOSA, J.

Defendant was convicted, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree. The jury concluded that defendant shot and killed a participant in a street fight. The Appellate Division affirmed and a Judge of this Court granted defendant leave to appeal. The single, dispositive question is whether a trial witness, named Gray, made a "previous...

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