PEOPLE v. FLEISHMAN


92 Misc.2d 156 (1977)

The People of the State of New York, Plaintiff, v. Jules Fleishman, Defendant.

Supreme Court, Criminal Term, Suffolk County.

November 28, 1977


Attorney(s) appearing for the Case

Carlino & Pearsall (Joseph W. Ryan, Jr., of counsel), for defendant. Henry F. O'Brien, District Attorney (Ira Simon of counsel), for plaintiff.


PAUL T. D'AMARO, J.

A hearing was conducted pursuant to a postconviction application made by defendant for dismissal of the indictment based upon the alleged failure of the People to preserve and produce certain evidence. The court, in addition to considering this case as a motion to dismiss, will also treat it as a motion to set aside the jury's verdict, convicting defendant of two misdemeanor counts of perjury.

During the course of the trial...

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