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PEOPLE v. SAMUELS

257 A.D.2d 401 (1999)

684 N.Y.S.2d 191

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRIS SAMUELS, Appellant.

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

Decided January 7, 1999.

The motion to vacate was properly denied. The information regarding the complaining witness's prior arrest for a misdemeanor was unknown to the prosecution, and since the prosecution's lack of knowledge was the result of the witness's use of an alias and possession of two NYSID numbers, knowledge of the prior arrest should not be imputed to the prosecution (see, People v Clark, 228 A.D.2d 326, lv denied 89 N.Y.2d 863; People...

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