PEOPLE v. BOULET


88 Misc.2d 353 (1976)

The People of the State of New York, Plaintiff, v. Howard Boulet, Silas Murray and Douglas Curry, Defendants.

City Court of Rochester.

October 29, 1976


Attorney(s) appearing for the Case

Peter L. Yellin, Public Defender (Jack Carter of counsel), for defendants. Lawrence T. Kurlander, District Attorney (Melvin Bressler of counsel), for plaintiff.


ALPHONSE L. CASSETTI, J.

The above-named defendants, through their attorney, move to dismiss the charges against them in the furtherance of justice pursuant to CPL 170.30 (subd 1, par [g]) due to prosecutorial misconduct.

The facts alleged, and which are substantially undisputed, are as follows:

1. Mary Boulet, the wife of one of the defendants, was served a subpoena on June 17, 1976 about 3:00 P.M. at her apartment, commanding her to...

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