People v. Puglisi

• Decision Date: 25 April 1978
• Citation: 44 N.Y.2d 748,376 N.E.2d 1325,405 N.Y.S.2d 680
• Parties: , 376 N.E.2d 1325 The PEOPLE of the State of New York, Respondent, v. Michael PUGLISI, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 680

405 N.Y.S.2d 680

44 N.Y.2d 748, 376 N.E.2d 1325

The PEOPLE of the State of New York, Respondent, v.Michael PUGLISI, Appellant.

Court of Appeals of New York.

April 25, 1978.

Richard D. Friedman, New York City, for appellant.

Mario Merola, Dist. Atty. (Allen H. Saperstein and Alan D. Marrus, New York City, of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division should be reversed, defendant's conviction vacated, and the case remitted for further proceedings on the indictment.

We conclude that the cumulative effect, at least, of the several preserved errors requires a reversal.Proof of defendant's guilt turned very largely on the jury's acceptance of the testimony of Detective Nunez, the only witness to the alleged drug transactions produced by the People; the participating police informer did not take the stand.In this circumstance the significance of the errors on trial became critical.It was error to permit Lieutenant Donnelly to testify by way of inferential explanation for the failure to call the informer that he had promised the informer that the latter's identity would not be revealed and that he would...