PEOPLE v. BEHLIN


133 A.D.2d 835 (1987)

The People of the State of New York, Respondent, v. David Behlin, Appellant

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

October 26, 1987


Ordered that the judgment is affirmed.

The trial court properly denied the defendant's motion to set aside the verdict (see, CPL 330.30 [3]), which he grounded on the alleged recantation by one of the People's witnesses of certain portions of her trial testimony. At the hearing conducted on the defendant's motion, this witness asserted her privilege against self-incrimination. The defendant thus failed to sustain his burden (see, CPL 330.40 [2] [g])...

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