People v. Fossett

Order, Supreme Court, New York County (Jeffrey Atlas, J.), entered on or about February 7, 1994, which granted defendant’s motion to set aside a verdict rendered after a nonjury trial (Harold Roth-wax, J.), convicting defendant of murder in the second degree, unanimously affirmed.

Just after defendant’s case on murder and arson charges had been sent to a trial part, the prosecutor indicated at a bench conference that his case was weak in light of the background of his core witnesses, who had extensive criminal records, were substance abusers, and had made deals with the prosecution in *234exchange…