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PEOPLE v. DAVIS

6148/06, 374.

72 A.D.3d 53 (2010)

892 N.Y.S.2d 359

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAKEDA DAVIS, Appellant.

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

Decided January 5, 2010.

Attorney(s) appearing for the Case

Mark L. Freyberg , New York City, and Joel G. Kosman , New York City, for appellant.

Robert M. Morgenthau , District Attorney, New York City ( Susan Gliner of counsel), for respondent.

SWEENY and FREEDMAN, JJ., concur with RENWICK, J.; FRIEDMAN, J.P., and CATTERSON, J., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

RENWICK, J.

Following an interview with the complainant, who knew both of her alleged assailants, the police arrested the codefendant, but were initially unsuccessful in arresting defendant. In the ordinary course of business, the People presented the case against the codefendant to the grand jury. Although the prosecutor indicated at the outset of the grand jury proceedings that she was submitting the case against the codefendant and...

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