PEOPLE v. CASSIDY


118 Misc.2d 110 (1983)

The People of the State of New York, Plaintiff, v. Nancy Cassidy, Defendant. The People of the State of New York, Plaintiff, v. Juan Padin and Martha Ocasio, Defendants.

Criminal Court of the City of New York, Kings County.

January 10, 1983


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Greg Poulous of counsel), for plaintiff. Ruth Bernkopf for Nancy Cassidy, defendant. Arthur Appleman for Juan Padin, defendant. Caesar Cirigliano and Lisa Scolari for Martha Ocasio, defendant.


HERBERT KRAMER, J.

These matters arise out of an alleged assault. (Penal Law, § 120.00.) Each of the purported combatants is in turn both complainant and defendant, hence the term "cross complaint."

In this posture, the District Attorney of this county is both the accuser of the defendant and the protector of the victim. It is the anomaly of and the schism resulting from this role that is of concern herein.

The prosecutor's role is...

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