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PEOPLE v. CASTRO

113 Misc.2d 255 (1982)

The People of the State of New York, Plaintiff, v. Juan Castro, Defendant.

Supreme Court, New York County.

March 24, 1982

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Gail Reiner of counsel), for plaintiff. Caesar Cirigliano and Irene Soffer for defendant.

CAROL BERKMAN, J.

The issue presented by this case is not an uncommon one. One officer (Police Officer Dunkle) actually arrested the defendant, but his partner (Detective McCormack) "took" the arrest, processed the defendant, and told an Assistant District Attorney the events leading up to the arrest as related to him by Dunkle. At trial, the testimony of the officer who had arrested the defendant was inconsistent with the assistant's writeup of her interview...

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