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People v. Reade

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1969
33 A.D.2d 577 (N.Y. App. Div. 1969)

Opinion

October 27, 1969


By a previous decision of this court rendered January 10, 1966 on this appeal from a judgment of the Supreme Court, Richmond County, rendered February 21, 1964, this case was remittted to the trial court for a Huntley hearing and the appeal has been held in abeyance in the interim ( People v. Reade, 25 A.D.2d 438). The hearing has been held and a decision thereon has been rendered adverse to defendant, dated December 13, 1966. Judgment affirmed (Code Crim. Pro., § 542). We agree with appellant that the trial court should have assisted him in the production of Fire Marshal Tiedemann as a witness at the trial, but, in view of Tiedemann's testimony at the subsequent Huntley hearing, where appellant was represented by counsel and had a full opportunity to demonstrate any weakness in that testimony, we think the error may me disregarded as harmless. Beldock, P.J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.


Summaries of

People v. Reade

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1969
33 A.D.2d 577 (N.Y. App. Div. 1969)
Case details for

People v. Reade

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID READE, Appellant

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

Date published: Oct 27, 1969

Citations

33 A.D.2d 577 (N.Y. App. Div. 1969)