PEOPLE v. BERNIER


73 N.Y.2d 1006 (1989)

The People of the State of New York, Appellant, v. Jean Bernier, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1989.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Kimberly Muradaz and Barbara D. Underwood of counsel), for appellant.

Leonard Noisette and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge KAYE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted after a jury verdict of two counts of robbery and of possession of a weapon arising out of the holdup of the same Brooklyn gas station on three separate occasions.

Defense counsel learned during trial jury selection that a person with respect to whom no CPL 710.30 (1) pretrial notice had been given would be called...

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