PEOPLE v. GONZALEZ

No. 01975/06

26 Misc.3d 687 (2009)

2009 NY Slip Op 29488

894 N.Y.S.2d 336

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VICTOR GONZALEZ, Defendant.

Supreme Court, Bronx County.

December 3, 2009.


Attorney(s) appearing for the Case

Bronx Defenders Office (Matthew Kadushin and Karen Smolar of counsel), for defendant.

Robert T. Johnson, District Attorney (Gary Weil of counsel), for plaintiff.


OPINION OF THE COURT

CAESAR D. CIRIGLIANO, J.

On April 7, 2009 the defendant Victor Gonzalez was convicted after jury trial before this court of murder in the second degree (Penal Law § 125.25). Thereafter, on July 14, 2009, defendant moved for an order pursuant to Criminal Procedure Law § 330.30 (1), 330.40 and 330.50 to set aside his verdict of guilty. The defense's principal argument is that the court should not have granted the People's application...

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