PEOPLE v. JOHNSON


282 A.D.2d 309 (2001)

725 N.Y.S.2d 297

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DEAN JOHNSON, Respondent.

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

Decided April 17, 2001.


The issue on appeal arises out of a statement made by the prosecutor to the Grand Jury regarding an available defense witness. Specifically, after the Grand Jury heard the testimony of the complainant and that of the police detective who conducted the lineup identification procedure, the prosecutor informed the Grand Jury of the availability of a witness who was present during the incident, and provided a summary of her anticipated testimony, based upon a sworn statement...

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