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PEOPLE v. GRAZIOSA

194 Misc.2d 799 (2003)

756 N.Y.S.2d 825

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROCCO GRAZIOSA, Defendant.

Criminal Court, New York County.

January 23, 2003.

Attorney(s) appearing for the Case

Gerald Shargel, New York City (Henry E. Mazurek of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Brian McCarthy of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT M. STOLZ, J.

The defendant was convicted of assault in the third degree (Penal Law § 120.00 [1]) following a jury trial. He now moves to set aside that verdict pursuant to Criminal Procedure Law § 330.30 (1), arguing that the admission into evidence of testimony that he had been smiling following his arrest and the prosecutor's reference to that testimony in summation were...

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