PEOPLE v. AVILES


89 Misc.2d 1 (1977)

The People of the State of New York, Plaintiff, v. Victor Aviles, Defendant.

Supreme Court, Trial Term, New York County.

January 3, 1977


Attorney(s) appearing for the Case

Laurence E. Jacobson for defendant. Robert M. Morgenthau, District Attorney (Judith Bressler of counsel), for plaintiff.


IRVING LANG, J.

The defendant, charged with rape in the first degree (Penal Law, § 130.35), rape in the third degree (Penal Law, § 130.25), and possession of a weapon as a felony (Penal Law, art 265), moves for a dismissal of the indictment on the grounds that a transcript of a preliminary hearing relating to the instant indictment is not available to him for use at trial, thereby depriving him of "a...

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