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PEOPLE v. MACHADO

159 Misc.2d 94 (1993)

603 N.Y.S.2d 273

The People of the State of New York, Plaintiff, v. William Machado, Defendant.

Supreme Court, Kings County.

September 28, 1993

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Philip L. Weinstein and Elizabeth Emmons of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Charles Day of counsel), for plaintiff.

JAMES G. STARKEY, J.

Defendant has moved pursuant to CPL 440.10 (1) (f) and (h) for an order vacating his convictions of kidnapping in the second degree and assault in the second degree. The question presented is whether the failure by the prosecution during the trial to make delivery to defense counsel of a one paragraph summary of the evidence in a police department report — the existence of which was...

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