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PEOPLE v. BRIDGET

73 A.D.2d 291 (1980)

The People of the State of New York, Appellant, v. Horatio Bridget, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 17, 1980

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Judith K. Rubinstein and William C. Donnino of counsel), for appellant.

Burton C. Agata for respondent.

LAZER, J. P., GIBBONS and GULOTTA, JJ., concur.

COHALAN, J.

Defendant was convicted, upon a jury verdict, of the crime of murder (common law) in the second degree, in the County Court, Nassau County (THORP, J.) and sentence was imposed. He moved, pursuant to CPL 440.10 (subd 1, par [g]), to set aside the judgment on the ground of newly discovered evidence. On June 21, 1978 the County Court vacated the judgment of conviction on that ground. The People have...

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