PEOPLE v. ROSSI


30 N.Y.2d 936 (1972)

The People of the State of New York, Respondent, v. Joseph Rossi and Salvatore Gingello, Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1972.


Attorney(s) appearing for the Case

Joseph G. DeMaria for Joseph Rossi, appellant.

Louis P. Iannini for Salvatore Gingello, appellant.

Jack B. Lazarus, District Attorney (James E. Morris of counsel), for respondent.

Concur: Judges BURKE, SCILEPPI, BREITEL and JASEN. Judge BERGAN dissents and votes to reverse in the following opinion in which Chief Judge FULD and Judge GIBSON concur.


Order affirmed.

BERGAN, J. (dissenting).

On the suppression hearing defendants were refused the right to examine notes of Federal agents whose affidavits were the basis of the search warrant, the execution of which resulted in the evidence of gambling on which appellants' convictions rested. The agents testified at the hearing. The basis for refusal of access to the notes was the statement by the prosecutor that they contained confidential matter...

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