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PEOPLE v. CARMONA

No. 82 SSM 18.

37 N.Y.3d 1016 (2021)

174 N.E.3d 1246

152 N.Y.S.3d 872

2021 NY Slip Op 05390

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT CARMONA, Appellant.

Court of Appeals of New York.

Decided October 7, 2021.

Attorney(s) appearing for the Case

Jonathan Rosenberg, PLLC, Brooklyn ( Jonathan Rosenberg of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Solomon Neubort of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by remitting to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Supreme Court erred in denying defendant's pretrial request for a hearing pursuant to People v Rodriguez (79 N.Y.2d 445 [1992]), as the prosecutor here offered only bare assurances that the witness was...

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