People v. Gilliam

Citation374 N.Y.S.2d 616,37 N.Y.2d 722,337 N.E.2d 129
Parties, 337 N.E.2d 129 The PEOPLE of the State of New York, Respondent, v. Leonard GILLIAM, Appellant.
Decision Date24 June 1975
CourtNew York Court of Appeals

Order reversed and a new trial ordered on the dissenting opinion by Mr. Justice James D. Hopkins at the Appellate Division, 45 A.D.2d 744, 356 N.Y.S.2d 663.

All concur.

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49 cases
  • People v. Hudy
    • United States
    • New York Court of Appeals Court of Appeals
    • December 22, 1988
    ...one challenges the bona fides of his claim, which was based upon statements in the investigators' reports (see, People v. Gilliam, 37 N.Y.2d 722, 374 N.Y.S.2d 616, 337 N.E.2d 129, revg. on dissent below 45 A.D.2d 744, 356 N.Y.S.2d 663 [Hopkins, J.] ). Although the trial court concluded that......
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • September 30, 2015
    ...U.S. 284, 294, 93 S.Ct. 1038, 35 L.Ed.2d 297 ; Washington v. Texas, 388 U.S. 14, 19, 87 S.Ct. 1920, 18 L.Ed.2d 1019 ; People v. Gilliam, 37 N.Y.2d 722, 374 N.Y.S.2d 616, 337 N.E.2d 129 ). In the absence of bad faith, the general rule is that where the defendant seeks to call a witness, the ......
  • People v. Daly
    • United States
    • New York Supreme Court — Appellate Division
    • December 27, 1983
    ...and (2) the testimony of a defense witness should not be excluded prospectively unless offered in bad faith (People v. Gilliam, 37 N.Y.2d 722, 374 N.Y.S.2d 616, 337 N.E.2d 129, revg. 45 A.D.2d 744, 356 N.Y.S.2d 663 on the dissenting opn of HOPKINS, J.; People v. McClinton, 75 A.D.2d 900, 42......
  • People v. Brooks
    • United States
    • New York County Court
    • May 23, 1985
    ...right to due process of law includes the right to present any relevant evidence in his behalf (see People v. Gilliam, 37 N.Y.2d 722, 374 N.Y.S.2d 616, 337 N.E.2d 129, revg. 45 A.D.2d 744, 356 N.Y.S.2d 663, on the dissenting opn. of Hopkins, J.; People v. Scott, 104 A.D.2d 667, 480 N.Y.S.2d ......
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