PEOPLE v. McCUNE

2009-10758.

98 A.D.3d 631 (2012)

949 N.Y.S.2d 747

2012 NY Slip Op 5986

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED McCUNE, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 15, 2012.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

After an argument with the decedent, the defendant allegedly shot and killed the decedent in a parking lot in March 2008. A witness testified before the grand jury that he had witnessed the shooting and identified the defendant as the perpetrator. However, prior to trial, the witness indicated that he was unwilling to testify because of...

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