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PEOPLE v. JACOBSON

109 Misc.2d 204 (1981)

The People of the State of New York, Plaintiff, v. Howard Jacobson, Defendant.

Supreme Court, Trial Term, Bronx County.

May 28, 1981

Attorney(s) appearing for the Case

Bennett M. Epstein and Clark, Wulf, Levine & Peratis (Ramsey Clark of counsel), for defendant. Mario Merola, District Attorney (Alan D. Marrus of counsel), for plaintiff.

WILLIAM KAPELMAN, J.

This motion was brought by the defendant based on CPL 440.10 (subd 1, par [f]) seeking a vacatur of the verdict of April 12, 1980 and a new trial. The basis for this motion is the conduct that allegedly occurred during the jury's deliberations. Procedurally, the defendant also moves for a change of venue to New York County.

The request for change of venue must be the first issue this court addresses. The defendant does not...

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