PEOPLE v. ATTIYA


128 Misc.2d 452 (1985)

The People of the State of New York, Plaintiff, v. David Attiya, Defendant.

Supreme Court, Criminal Term, Kings County.

On Reargument, May 28, 1985


Attorney(s) appearing for the Case

Emanuel R. Gold & Associates for defendant. Elizabeth Holtzman, District Attorney (Peter Samberg and Rosalind Richter of counsel), for plaintiff.


BERNARD FUCHS, J.

Defendant has been convicted by a jury of criminal possession of a controlled substance in the second and third degrees. He moves, under CPL 330.30, to set aside the verdict on the ground that the trial was unfair due to prosecutorial misconduct.

The evidence at trial revealed that at 11:30 P.M. on November 12, 1983 police responded to a call for help on Ocean Parkway at Ditmas. There they encountered defendant clad in damp pajamas...

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