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PEOPLE v. SAMANDAROV

No. 164

13 N.Y.3d 433 (2009)

2009 NY Slip Op 8674

920 N.E.2d 930

892 N.Y.S.2d 823

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIMON SAMANDAROV, Appellant.

Court of Appeals of New York.

Decided November 24, 2009.

Attorney(s) appearing for the Case

Law Office of Ronald L. Kuby, New York City (Ronald L. Kuby of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Laura T. Ross and John M. Castellano of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and JONES concur with Judge SMITH; Chief Judge LIPPMAN dissents in part in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

SMITH, J.

We hold that Supreme Court acted within its discretion in denying without a hearing defendant's post-trial motions alleging juror misconduct and a Rosario violation.

I

Defendant was convicted of attempted murder, second degree assault and weapons offenses based on the shooting of Alik Pinhasov. The key witnesses at trial were Pinhasov and Jose Ramirez...

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