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PEOPLE v. THOMPSON

177 Misc.2d 803 (1998)

678 N.Y.S.2d 845

The People of the State of New York, Plaintiff, v. Kevin Thompson and Peter Thompson, Defendants.

Supreme Court, Kings County.

June 10, 1998

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Vincent Warren of counsel), and Fiol & Hershkowitz, New York City (Juan R. Fiol of counsel), for Kevin Thompson, defendant. Birkett & Birkett, Brooklyn (Peter W. Birkett of counsel), and Fink, Katz & Walz, P.L.L.C., New York City (Jonathan A. Fink of counsel), for Peter Thompson, defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (John Nolan, Matthew Greenberg and Gail Ostriker of counsel), for plaintiff.

ROBERT S. KREINDLER, J.

This case involves what the Practice Commentaries (Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL 440.10, 1998 Pocket Part, at 86) describe as "an open question as to whether the per se rule will apply where the Rosario material comes to light * * * after the jury retires but before sentence is imposed." This...

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