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PEOPLE v. WALLERT

98 A.D.2d 47 (1983)

The People of the State of New York, Respondent, v. Charles Wallert, Appellant

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

December 20, 1983

Attorney(s) appearing for the Case

Patrick M. Wall of counsel (Oren Root, Jr., with him on the brief; Patrick M. Wall, a Professional Corporation, attorney), for appellant.

Bruce Allen of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., ROSS, ASCH and BLOOM, JJ., concur.

CARRO, J.

Two days after a jury had convicted him of first degree rape and related crimes, defendant was served with a summons and complaint in a civil action for $18,000,000 damages arising from the rape incident. Although the prosecutor knew prior to the trial that the complainant had consulted an attorney who was but awaiting the outcome of the criminal action, the prosecutor felt no duty to disclose this...

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