PEOPLE v. BRANCH


83 N.Y.2d 663 (1994)

634 N.E.2d 966

612 N.Y.S.2d 365

The People of the State of New York, Respondent, v. Lamont Branch, Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1994.


Attorney(s) appearing for the Case

Linda Poust, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Thomas S. Burka and Roseann B. MacKechnie of counsel), for respondent.

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


SIMONS, J.

This appeal raises the question of whether the trial court abused its discretion when, during direct examination, it allowed the prosecutor to hold a brief private conference with a witness after that witness had given an unexpected and potentially damaging response. We hold that the trial court acted within its discretion in permitting such a conference to take place with appropriate safeguards.<...

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