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.
Errors Lead Panel to Order Retrial in 'Interest of Justice'
New York Law Journal
September 18, 2012
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