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PEOPLE v. SMITH

206 A.D.2d 102 (1994)

The People of the State of New York, Respondent, v. Steven Smith, Appellant The People of the State of New York, Respondent, v. Steven Johnson, Appellant The People of the State of New York, Respondent, v. Carlos Railey, Appellant The People of the State of New York, Respondent, v. Pasqual Carpenter, Also Known as Pascal Carpenter, Appellant

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

November 15, 1994

Attorney(s) appearing for the Case

Henry R. Deutsch of counsel, New York City (Philip L. Weinstein, attorney), for Steven Smith, appellant.

Diane E. Courselle of counsel (E. Joshua Rosenkranz, attorney), for Steven Johnson, appellant.

Ira Mickenberg of counsel (Howard A. Pincus and Vaughn-Michael H. Cordes on the brief; attorneys), for Carlos Railey, appellant.

Frank Loss of counsel (Philip L. Weinstein, attorney), for Pasqual Carpenter, appellant.

Patrick J. Hynes of counsel, New York City (Donald J. Siewert on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

ELLERIN, WALLACH and RUBIN, JJ., concur with CARRO, J.; MURPHY, P. J., dissents in a separate opinion.

CARRO, J.

This is a combined decision in four cases wherein the defendants have appealed, by permission, from orders denying their motions pursuant to CPL 440.10 to vacate judgments convicting them, after jury trials, of murder in the second degree. Each defendant claims that the prosecutor's failure to turn over to the defense an audiotape or worksheet, prepared...

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