PEOPLE v. DELPILAR


293 A.D.2d 365 (2002)

742 N.Y.S.2d 200

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DELPILAR, Appellant.

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

Decided April 18, 2002.


The court properly exercised its discretion in permitting the prosecutor to reopen direct examination of a witness after cross-examination had commenced, as the result of a witness-initiated conference between the witness and the prosecutor that had occurred during a recess. The court conducted a hearing, outside the presence of the jury, in which it was established that the witness had originally been too frightened to identify defendant but had become willing to do so....

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