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PEOPLE v. McMENEMON

39 A.D.2d 750 (1972)

The People of the State of New York, Respondent, v. John McMenemon, Appellant

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

May 15, 1972

Judgment reversed, on the law, and new trial ordered.

The findings of fact below are affirmed. While the trial court properly granted appellant's motion for a copy of the minutes of the pretrial identification hearing (People v. Zabrocky, 26 N.Y.2d 530), we think it was an abuse of discretion to refuse a short adjournment of the trial or to take no action to compel production of the minutes when they were not forthcoming...

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