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PEOPLE v. BATTLE

30 A.D.2d 842 (1968)

The People of the State of New York, Respondent, v. William Stevenson Battle, Also Known as William Sanders, Also Known as "Alabama", Also Known as Robert Williams, Appellant

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

July 15, 1968

Action remitted to the trial court for a de novo hearing to determine whether the evidence taken from defendant was admissible in the trial. In the interim, the appeal will be held in abeyance.

It is uncontested that the stenographic minutes of defendant's suppression hearing, conducted on January 12, 1966 and January 20, 1966, cannot be located. These minutes are part of the trial proceedings and part of the judgment roll (People v. Vetrano,

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