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PEOPLE v. WILLIAMS

236 A.D.2d 433 (1997)

653 N.Y.S.2d 609

The People of the State of New York, Respondent, v. Timothy Williams, Appellant

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

February 3, 1997

Ordered that the judgment is affirmed.

At a recess during the pretrial suppression hearing, the prosecutor spoke with a prosecution witness while the witness was still under oath and was being cross-examined. This conduct is not to be encouraged or approved, but it did not, under the facts of this case, deprive the defendant of a fair trial. The hearing court was advised of the prosecutor's questionable conduct, and determined...

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