A defendant accused of attempting to murder his parole officer will be retried even though a judge has ruled that the prosecution did not turn over evidence to the defense to which it was entitled.

Brooklyn Supreme Court Justice Wayne Ozzi (See Profile) spelled out in a Sept. 20 decision in People v. Morales, 3278-2010, the reasons why he had granted a mistrial without prejudice from the bench last month for Robert Morales.

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