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PEOPLE v. VALDEZ

53 A.D.3d 172 (2008)

861 N.Y.S.2d 288

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON VALDEZ, Appellant.

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

June 17, 2008.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Daniel A. Warshawsky and Caryn L. Trombino of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Michael J. Balch and Sylvia Wertheimer of counsel), for respondent.

MAZZARELLI and SWEENY, JJ., concur with LIPPMAN, P.J.; ANDRIAS and BUCKLEY, JJ., concur in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

LIPPMAN, P.J.

The original jury in this single witness identification case was unable to reach a verdict upon the count of the indictment charging defendant with grand larceny in the fourth degree (Penal Law § 155.30 [5]). At the retrial of that count, the prosecutor, immediately after her witness had been sworn and before he had provided any testimony probative of defendant's commission of the charged offense, elicited from the...

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