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PEOPLE v. PERRI

72 A.D.2d 106 (1980)

The People of the State of New York, Appellant, v. Joseph Perri, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 14, 1980

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Lionel René Saporta of counsel), for appellant.

Rhodes & Fisher (Barry Gene Rhodes of counsel), for respondent.

HOPKINS, J. P., LAZER and O'CONNOR, JJ., concur.

MARGETT, J.

In a case of novel impression, the question is whether Criminal Term erred in finding that the involuntary production by the defendant of handwriting exemplars, before the Grand Jury pursuant to a subpoena ad testificandum, was sufficient to inadvertently confer immunity pursuant to CPL 190.40.

The genesis of this appeal lies in the power blackout of July, 1977, and the consequent looting...

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