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PEOPLE v. ALEYNIKOV

10006, 4447/12.

176 A.D.3d 444 (2019)

111 N.Y.S.3d 602

2019 NY Slip Op 07211

The People of the State of New York, Respondent, v. Sergey Aleynikov, Appellant.

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

Decided October 8, 2019.

Attorney(s) appearing for the Case

Marino, Tortorella & Boyle, P.C., New York ( Kevin H. Marino of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Elizabeth Roper of counsel), for respondent.

Concur—Friedman, J.P., Sweeny, Richter, Mazzarelli, Webber, JJ.

The underlying facts of this case, as well as legal determinations relevant to this appeal, are set forth in prior decisions by the trial court, this Court and the Court of Appeals (49 Misc.3d 286 [Sup Ct, NY County 2015], revd 148 A.D.3d 77 [1st Dept 2017], affd 31 N.Y.3d 383 [2018]). Briefly stated, defendant, a then-employee of Goldman Sachs, uploaded...

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