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PEOPLE v. WALKER

249 A.D.2d 15 (1998)

671 N.Y.S.2d 222

The People of the State of New York, Respondent, v. Alan Walker, Appellant

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

April 2, 1998

The court exercised sound discretion in denying defendant's motion for a mistrial with prejudice, after it was revealed for the first time during the arresting officer's direct testimony that the buy money that had been recovered from defendant and vouchered was no longer retrievable. Defendant failed to demonstrate either prosecutorial misconduct or any real prejudice to his defense warranting the drastic remedy sought (People...

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