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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1978
65 A.D.2d 802 (N.Y. App. Div. 1978)

Opinion

November 20, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 23, 1977, convicting him of murder in the second degree (felony murder) and manslaughter in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Under the unusual circumstances of this case, we hold that the failure of defense counsel to interview and place on the stand the two exculpatory eyewitnesses to the crime served to deprive the defendant of the effective assistance of counsel (see People v Aiken, 45 N.Y.2d 394, 397-399). Accordingly, a new trial is required. Mollen, P.J., Latham, Damiani and Titone, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1978
65 A.D.2d 802 (N.Y. App. Div. 1978)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL JONES…

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

Date published: Nov 20, 1978

Citations

65 A.D.2d 802 (N.Y. App. Div. 1978)

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