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PEOPLE v. COTTO

169 Misc.2d 194 (1996)

642 N.Y.S.2d 790

The People of the State of New York, Plaintiff, v. Richard Cotto, Defendant.

Supreme Court, New York County.

March 25, 1996

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Emilio Estela and William Campos of counsel), for plaintiff. Lynne Stewart, New York City, for defendant.

MARCY L. KAHN, J.

Defendant Richard Cotto stands charged with murder in the second degree and related crimes in connection with the shooting death on November 28, 1992 of Steven Davilla. This decision resolves the issues raised at the Sirois1 hearing held midtrial on March 21, 22 and 25, 1996.

BACKGROUND

The People's sole living eyewitness to the crime,...

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