SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 27, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DAVID READE, APPELLANT
By a previous decision of this court rendered January 10, 1966 on this appeal from a judgment of the Supreme Court, Richmond County, rendered February 21, 1964, this case was remitted to the trial court for a Huntleyhearing and the appeal has been held in abeyance in the interim ( People v. Reade, 25 A.D.2d 438). The hearing has been held and a decision thereon has been rendered adverse to defendant, dated December 13, 1966.
Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.
We agree with appellant that the trial court should have assisted him in the production of Fire Marshal Tiedemann as a witness at the trial, but, in view of Tiedemann's testimony at the subsequent Huntley hearing, where appellant was represented by counsel and had a full opportunity to demonstrate any weakness in that testimony, we think the error may me disregarded as harmless.
Judgment affirmed (Code Crim. Pro., § 542).
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