People v. Benjamin

OPINION OF THE COURT

Sheryl L. Parker, J.

Defendant was convicted, after a jury trial over which this court presided, of assault in the third degree (Penal Law § 120.00 [2]), reckless endangerment in the second degree *618(Penal Law § 120.20) and harassment (Penal Law § 240.25 [1]). The defendant moves pursuant to CPL 330.30 (1) to set aside the verdict on the ground that the prosecutor’s failure to disclose the fact that the complaining witness received an adjournment in contemplation of dismissal (CPL 170.55) shortly before his trial testimony constituted prosecutorial misconduct.

During the…