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PEOPLE v. ENCARNACION

3858-2009

29 Misc.3d 490 (2010)

907 N.Y.S.2d 810

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ERNESTO ENCARNACION, Defendant.

Supreme Court, Bronx County.

Decided August 10, 2010.

Attorney(s) appearing for the Case

V. Marika Meis for defendant.

Robert T. Johnson , District Attorney ( Samson C. Huang of counsel), for plaintiff.

OPINION OF THE COURT

DOMINIC R. MASSARO, J.

Pursuant to CPL 330.30 (1), defendant Ernesto Encarnacion moves for an order setting aside the verdict against him1 arguing that evidence at trial was insufficient to support his conviction for assault in the second degree. In addition, defendant protests improper use of grand jury minutes by the prosecutor who allegedly used them in...

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