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PEOPLE v. EPPS

67 Misc.2d 907 (1971)

The People of the State of New York, Respondent, v. Clarence Epps, Appellant.

Supreme Court, Appellate Term, First Department.

September 16, 1971

Attorney(s) appearing for the Case

Milton Adler and Lewis B. Oliver, Jr., for appellant. Frank S. Hogan, District Attorney (Bennett L. Gershman and Burton N. Lipshie of counsel), for respondent.

GOLD and STREIT, JJ., concur in Per Curiam opinion; MARKOWITZ, J., dissents in memorandum.

Per Curiam.

The Judge presiding at the preliminary examination, in the exercise of discretion, refused the request of defense counsel for a continuance to compel the arresting officer to produce his memo book in aid of the cross-examination then being conducted. Since this was not a hearing on a motion to suppress (as in People v. Malinsky, 15 N.Y.2d 86, 90, cited in the dissent), but rather a preliminary examination...

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