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PEOPLE v. BORIA

144 Misc.2d 604 (1989)

The People of the State of New York, Plaintiff, v. Oscar Boria and Walter Ganga, Defendants.

County Court, Orange County.

June 8, 1989

Attorney(s) appearing for the Case

Gary Greenwald and Stephan Schick for Oscar Boria, defendant. Alex J. Nirenberg for Walter Ganga, defendant. Francis D. Phillips II, District Attorney (Richard E. Ruggeri of counsel), for plaintiff.

ANTHONY A. SCARPINO, JR., J.

The defendants move to dismiss the indictments on the grounds that they were obtained in violation of their right to due process and fundamental fairness and in the interest of justice. The motions are denied.

ISSUES

The issue presented is whether a defendant's right to due process and fundamental fairness is violated when a District Attorney carries out a threat...

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