The People of the State of New York, Respondent v. Souvath Sayavong, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the indictment, holding that a police investigator who is a fact witness may not serve as a video operator under CPL 190.25(3) and that the mere possibility of prejudice from such unauthorized presence warrants dismissal under CPL 210.35(5).