PEOPLE v. BAGHAI-KERMANI


84 N.Y.2d 525 (1994)

644 N.E.2d 1004

620 N.Y.S.2d 313

The People of the State of New York, Respondent, v. Abdolhosein Baghai-Kermani, Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1994.


Attorney(s) appearing for the Case

Newman & Schwartz, New York City (Richard A. Greenberg and Robert Hill Schwartz of counsel), and Fischetti & Russo for appellant.

Edward J. Kuriansky, Deputy Attorney-General, New York City (Arthur G. Weinstein, Donald H. Zuckerman and Arlene S. Osterer of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

Defendant, a psychiatrist, was found guilty, after trial, of 10 separate counts of criminal sale of a prescription for a controlled substance (Penal Law § 220.65). The primary issue in this appeal is whether the People's failure to disclose a witness's pretrial statements within the time prescribed by CPL 240.45 requires reversal of the conviction on all 10 counts even though the witness gave...

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