PEOPLE v. SILVERBERG


1 Misc.3d 62 (2003)

771 N.Y.S.2d 274

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY SILVERBERG, Appellant.

Supreme Court, Appellate Term, First Department.

November 14, 2003.


Attorney(s) appearing for the Case

Marc Fernich, New York City (Kim P. Bonstrom of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Alan Gadlin and David J. Mudd of counsel), for plaintiff.

DAVIS and GANGEL-JACOB, JJ., concur; SUAREZ, P.J., dissents in part in a separate opinion.


OPINION OF THE COURT

Per Curiam.

Judgment of conviction rendered September 11, 2000 reversed, on the law, the facts and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

Defendant was convicted, after a nonjury trial, of witness tampering in the fourth degree (Penal Law § 215.10) and aggravated harassment in the second degree (Penal Law § 240.30 [1]), in connection with a single telephone...

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