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PEOPLE v. NATAL

102 A.D.2d 496 (1984)

The People of the State of New York, Appellant, v. Jose M. Natal, Respondent

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

July 5, 1984

Attorney(s) appearing for the Case

Joyce P. Adolfsen of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Barry D. Leiwant of counsel (William E. Hellerstein, attorney), for respondent.

MURPHY, P. J., SULLIVAN, BLOOM and MILONAS, JJ., concur.

FEIN, J.

The People appeal from an order, Supreme Court, New York County (Jerome Marks, J.), entered June 27, 1983, setting aside defendant's conviction for murder in the second degree and directing a new trial.

The prosecution's case was based on the testimony of Lewis Easterling (Easterling), the co-worker and companion of Alphonse Suss (Suss), the homicide victim. The two men had just finished their...

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