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PEOPLE v. BELL

127 Misc.2d 43 (1985)

The People of the State of New York, Plaintiff, v. Donna Bell, Defendant.

Supreme Court, Criminal Term, Queens County.

January 30, 1985

Attorney(s) appearing for the Case

Albert A. Gaudelli for defendant. John J. Santucci, District Attorney (Daniel McCarthy of counsel), for plaintiff.

HERBERT A. POSNER, J.

THE ISSUE

In this motion for a new trial based upon newly discovered evidence, the court was confronted with a novel issue after it conducted a hearing (see, People v Stokes, 83 A.D.2d 968) and learned that the newly discovered evidence posed the same dilemma as was immortalized by Shakespeare in Hamlet's famous soliloquy, "To be or not to be." In this case the question...

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