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PEOPLE v. FRANCE

159 Misc.2d 869 (1994)

608 N.Y.S.2d 1006

The People of the State of New York, Plaintiff, v. Hector France, Defendant. The People of the State of New York, Plaintiff, v. James Jenkins, Defendant. The People of the State of New York, Plaintiff, v. Jose Nunez, Defendant. The People of the State of New York, Plaintiff, v. Petra Ravnell, Defendant. The People of the State of New York, Plaintiff, v. Adolphus Zimmerman, Defendant. The People of the State of New York, Plaintiff, v. Oscar Martinez, Defendant.

Supreme Court, Kings County.

February 24, 1994

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Phillip Weinstein, John Gemmil, Bonnie B. Goldberg, Kannan Sundaram, Gabriel J. Chin, Mark W. Zeno and Sarah Scott of counsel), for defendants. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Sholom Twerksy, Moira E. Casey, Seth M. Lieberman, Caroline Donhauser, Anne C. Feigus and Joseph Tucker of counsel), for plaintiff.

MICHAEL R. JUVILER, J.

This is a combined decision in six separate cases on motions pursuant to CPL 440.10 to vacate judgments convicting the defendants, after trials by jury, of homicide. The motions are treated together because they raise the identical ground: failure of the prosecutor to give the defendant at trial a dictation audiotape made by the New York City Medical Examiner who performed the autopsy...

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