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PEOPLE v. ROSAS

297 A.D.2d 390 (2002)

746 N.Y.S.2d 610

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABEL ROSAS, Appellant.

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

Decided August 26, 2002.

Ordered that the judgment is reversed, on the law and the facts, and a new trial is ordered.

The Supreme Court erred in denying the defendant's post verdict motion pursuant to CPL 330.30 to set aside his conviction based on purported Rosario and Brady violations (see People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; Brady v Maryland, 373 U.S. 83). The defendant...

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