PEOPLE v. MOJICA


244 A.D.2d 138 (1998)

677 N.Y.S.2d 100

The People of the State of New York, Respondent, v. Dionescio Mojica, Also Known as Dionisio Mojica, Appellant

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

July 9, 1998


Attorney(s) appearing for the Case

Daniel R. Wanderman of counsel, Bronx (Stuart P. Levy on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

Jay Louis Weiner, New York City, for appellant.

ELLERIN, J. P., WILLIAMS and ANDRIAS, JJ., concur.


NARDELLI, J.

This case raises the issue of whether the trial court deprived defendant of his right to counsel guaranteed by the Federal and State Constitutions by instructing his attorney, at the beginning of trial, not to inform defendant of the fact that his cousin, Manuel Mojica, would be a witness against him, until shortly before Manuel Mojica would be called to testify.

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