New York Court of Appeals

The People of the State of New York v. John Simmons, Also Known as John White

February 19, 197536 N.Y.2d 126

Summary

The New York Court of Appeals held that the admission of the deceased victim’s preliminary hearing testimony violated the defendant’s confrontation right because he was denied an adequate opportunity to cross‑examine on identification, and that the prosecutor’s negligent failure to disclose the victim’s mistaken identification violated the defendant’s due‑process rights, requiring reversal and a new trial.