PEOPLE v. ALLEN


86 N.Y.2d 599 (1995)

658 N.E.2d 1012

635 N.Y.S.2d 139

The People of the State of New York, Respondent, v. John B. Allen, Jr., Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1995.


Attorney(s) appearing for the Case

Vincent F. Gugino, Buffalo, Linda S. Reynolds and Barbara J. Davies for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Denise C. Hochul and John J. DeFranks of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and CIPARICK concur with Judge LEVINE; Judge TITONE concurs in result in a separate opinion.


LEVINE, J.

After a jury was selected and sworn and opening arguments scheduled in defendant's trial on charges of attempted murder, attempted aggravated assault upon a police officer, weapons possession, and various drug possession charges, the prosecutor requested and was granted a one-day continuance because his first witness had suffered a heart attack that morning and was hospitalized. The next day, after...

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