PEOPLE v. CRUZ

No. 52.

14 N.Y.3d 814 (2010)

927 N.E.2d 542

901 N.Y.S.2d 122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL L. CRUZ, Appellant.

Court of Appeals of New York.

Decided April 6, 2010.


Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( James Eckert of counsel), for appellant.

Michael C. Green , District Attorney, Rochester ( Stephen X. O'Brien of counsel), for respondent.

Chief Judge LIPPMAN concurs in result in an opinion in which Judges CIPARICK and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was charged with two counts of assault in the first degree for allegedly stabbing two men during a brawl outside a bar. At trial, defendant interposed the defense of misidentification. During deliberations, the jury submitted a note requesting to see the written statement prepared by a police officer and signed by defendant in...

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