PEOPLE v. CABAN


5 N.Y.3d 143 (2005)

833 N.E.2d 213

800 N.Y.S.2d 70

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS CABAN, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 2005.


Attorney(s) appearing for the Case

Robert J. Boyle, New York City, and Lynne F. Stewart for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington of counsel), for respondent.

Before: Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

Chief Judge KAYE.

Defendant was convicted of conspiracy to commit murder, based largely on the testimony of prosecution witness George Castro. By his own admission, Castro was a street-level drug dealer who, along with several others, worked for defendant, selling crack on Fox Street in the Bronx. Castro resided in defendant's stash house, and was there on March 18, 1995, when the charged...

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