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PEOPLE v. McCOLLOUGH

186 Misc.2d 599 (2000)

719 N.Y.S.2d 815

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BRIAN MC COLLOUGH, Defendant.

Supreme Court, Monroe County.

November 16, 2000.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County (John Bradley of counsel), for defendant.

Howard R. Relin, District Attorney of Monroe County (Christopher Johnson of counsel), for plaintiff.

OPINION OF THE COURT

DONALD J. MARK, J.

This is an application by the defendant, who was convicted after a jury trial of the crime of absconding from temporary release in the first degree, pursuant to CPL 330.30, to vacate the verdict, upon the ground that insufficient trial evidence would require a reversal on appeal.

The trial evidence demonstrated that the defendant, an inmate of the Department...

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