The Appellate Division, Second Department, ruled the lower court should have instructed the jury with an accomplice-corroboration charge and concluded that reversal was merited because the judge had permitted the prosecutor to cross-examine the defendant's alibi witness, without having first laid the proper foundation about her failure to come forward at an earlier time.
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Errors Lead Panel to Order Retrial in 'Interest of Justice'
New York Law Journal
September 18, 2012
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