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People ex Rel. Wright v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 718 (N.Y. App. Div. 1975)

Opinion

November 6, 1975

Appeal from the Wyoming County Court.

Present — Moule, J.P., Cardamone, Simons, Mahoney and Witmer, JJ.


Judgment unanimously affirmed. Memorandum: In this appeal from a judgment which denied a petition for a writ of habeas corpus, petitioner contends that he was denied due process because at the time of his trial, which commenced on July 31, 1972, he was required to furnish the People with a list of alibi witnesses without the opportunity to obtain a corresponding list of rebuttal witnesses in return. Section 295-1 of the Code of Criminal Procedure, which mandated such a procedure, was held unconstitutional in People v Bush ( 33 N.Y.2d 921). By its terms, however, the Bush case does not apply to trials which commenced prior to June 11, 1973, unless the statute was applied to prevent a defendant from introducing testimony to support his alibi defense as a sanction for failing to comply. That was not the situation here.


Summaries of

People ex Rel. Wright v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 718 (N.Y. App. Div. 1975)
Case details for

People ex Rel. Wright v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLIAM WRIGHT, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 6, 1975

Citations

50 A.D.2d 718 (N.Y. App. Div. 1975)