PEOPLE v. SPINELLI


214 A.D.2d 135 (1995)

631 N.Y.S.2d 863

The People of the State of New York, Respondent, v. Thomas Spinelli, Appellant

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

September 15, 1995


Attorney(s) appearing for the Case

Slotnick & Baker, New York City (Barry I. Slotnick, Mark M. Baker and Lori E. Mann of counsel; Kenneth R. Ashford on the brief), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Tammy J. Smiley and Gary Fidel of counsel), for respondent.

JOY, KRAUSMAN and FLORIO, JJ., concur.


Upon the court's own motion, its unpublished opinion and order in this case dated September 11, 1995 is recalled and vacated and the following is substituted therefor:

O'BRIEN, J. P.

The defendant testified at trial to certain exculpatory facts which he had omitted from his statements to the police at the scene of the crime. The issue presented on appeal is whether it was permissible for the prosecutor...

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