PEOPLE v. PERRY


50 A.D.3d 1244 (2008)

855 N.Y.S.2d 733

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD PERRY, Appellant.

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

Decided April 11, 2008.


Malone Jr., J.

Defendant was charged with rape in the first degree based upon allegations that he engaged in sexual intercourse with the female victim by forcible compulsion. Defense counsel and the prosecution subsequently entered into a stipulation in lieu of motions under which they agreed to certain pretrial hearings, including a Huntley hearing, and to open file discovery. Thereafter, defense counsel made a discovery motion pursuant to CPL 240.20 to preclude...

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