1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 59 A.D.3d
  5. 59 A.D.3d 77 (2008)
 

PEOPLE v. KASS

59 A.D.3d 77 (2008)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JED KASS, Appellant.

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

December 9, 2008.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York City (Kendra L. Hutchinson of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Sharon Y. Brodt and Anastasia Spanakos of counsel), for respondent.

PRUDENTI, P.J., and MCCARTHY, J., concur with FISHER, J.; DILLON and SKELOS, JJ., dissent and vote to affirm the judgment in a separate opinion by DILLON, J.

OPINION OF THE COURT

FISHER, J.

In this extraordinary case, we find that the defendant was deprived of a fair trial by the combination of the trial court's mishandling of hearsay objections and its refusal to give a missing witness charge as to a registered jailhouse informant. Accordingly, we reverse the judgment and order a new trial.

While incarcerated and awaiting trial on an embezzlement charge, the defendant allegedly asked a fellow inmate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases