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Court of Appeals of New York


People v. Colon, 162

In an appeal from a denial of defendants' motion under Criminal Procedure Law section 440.10 to vacate their murder convictions, the order is reversed where the prosecutor failed to correct a witness's misleading testimony and, in addition, compounded these errors by repeating and emphasizing the misinformation during summation, and there was a reasonable probability that this affected the jury's verdict.

Appellate Information

  • Decided 11/23/2009
  • Published 11/23/2009

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  • Court of Appeals of New York

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