PEOPLE v. BENJAMIN


147 Misc.2d 617 (1990)

The People of the State of New York, Plaintiff, v. Jerry Benjamin, Defendant.

Criminal Court of the City of New York, New York County.

June 28, 1990


Attorney(s) appearing for the Case

Robert M. Baum and Murray Singer for defendant. Robert M. Morgenthau, District Attorney (Nadine Klansky of counsel), for plaintiff.


SHERYL L. PARKER, J.

Defendant was convicted, after a jury trial over which this court presided, of assault in the third degree (Penal Law § 120.00 [2]), reckless endangerment in the second degree (Penal Law § 120.20) and harassment (Penal Law § 240.25 [1]). The defendant moves pursuant to CPL 330.30 (1) to set aside the verdict on the ground that the prosecutor's failure to disclose the fact...

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