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PEOPLE v. EIDENMUELLER

29 A.D.2d 959 (1968)

The People of the State of New York, Respondent, v. Philip Eidenmueller, Appellant

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

April 8, 1968

Appeal dismissed.

The order is not appealable (People v. Farina, 2 A.D.2d 776, affd. 2 N.Y.2d 454). We have, however, considered the merits of the matter and have concluded that, if the order were appealable, we would affirm, for in the absence of any factual showing that the alleged statements ever existed, and in the face of the District Attorney's categorical statement that he suppressed...

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