PEOPLE v. RIVERA


225 A.D.2d 360 (1996)

639 N.Y.S.2d 24

The People of the State of New York, Respondent, v. Nelson Rivera, Appellant

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

March 12, 1996


When, during a trial in which defendant claimed mistaken identity, his identical twin brother unexpectedly entered the courtroom, the trial court properly exercised its discretion in giving defendant the choice of either permitting the prosecutor to subpoena the brother to testify to his whereabouts at the time of the crime or of not permitting the brother to again enter the courtroom during the trial. Defendant's other claim that he was deprived of his right to be present...

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