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NEW YORK — Former Tyco International chief executive Dennis Koz lowski’s conviction for defrauding the security systems maker should be reversed because of a judge’s mistakes, a lawyer told New York’s highest state court.
State Judge Michael J. Obus improperly allowed prosecutors to present testimony from attorney David Boies about an internal probe of bonuses taken by Kozlowski and former chief financial officer Mark Swartz, said John Martin, a lawyer representing the former CEO. The testimony “devastated” Kozlowski’s bid for an acquittal, Martin told the New York Court of Appeals on Thursday.
