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PEOPLE v. ARNOLD

98 N.Y.2d 63 (2002)

772 N.E.2d 1140

745 N.Y.S.2d 782

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE ARNOLD, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 2002.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Camilla B. Taylor and Andrew C. Fine of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Madeleine Guilmain and Donna Krone of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

At issue on this appeal is whether a trial court, in the exercise of discretion, can call its own witness after both the People and the defense have rested. Under the circumstances presented here, we conclude that it was error for the court to do so.

On May 12, 1998, a team from the Manhattan North Narcotics Zone that included Detective Rodriguez and Police Officer Hernandez went to an apartment in Manhattan to execute...

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