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PEOPLE v. ALEYNIKOV

NO. 1956, 4447/12

148 A.D.3d 77 (2017)

48 N.Y.S.3d 9

2017 NY Slip Op 00449

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SERGEY ALEYNIKOV, Respondent.

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

Decided January 24, 2017.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Elizabeth Roper , Daniel Holmes and Jeremy Glickman of counsel), for appellant.

Marino, Tortorella & Boyle, P.C., New York City ( John D. Tortorella and Kevin H. Marino , of the New Jersey bar, admitted pro hac vice, and John Boyle and Erez Davy of counsel), for respondent.

ACOSTA, J.P., MAZZARELLI, KAPNICK and GESMER, JJ., concur.

OPINION OF THE COURT

Defendant was formerly employed by Goldman Sachs as a computer programmer. Prior to leaving Goldman to work for a potential competitor, defendant made a digital copy of Goldman's proprietary computer source code by uploading and saving it to a hard drive of a...

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