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PEOPLE v. DEERY

165 Misc.2d 319 (1995)

630 N.Y.S.2d 193

The People of the State of New York, Plaintiff, v. Terence Deery, Defendant.

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

April 27, 1995

Attorney(s) appearing for the Case

Jeffrey Shumejda for defendant. Robert T. Johnson, District Attorney of Bronx County (Sean Roche of counsel), for plaintiff.

FAVIOLA SOTO, J.

Defendant is charged with violating Penal Law §§ 110, 130.55, attempted sexual abuse in the third degree, and Penal Law § 240.26, harassment in the second degree. Defendant has filed a pretrial motion seeking an order pursuant to CPL 240.70 precluding the People from introducing at trial the testimony of the complainant. Defendant asserts that the erasure of the tape recording...

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