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PEOPLE v. GAINES

77 Misc.2d 736 (1974)

The People of the State of New York, Plaintiff, v. Matthew Gaines, Defendant.

Criminal Court of the City of New York, Kings County.

April 15, 1974

Attorney(s) appearing for the Case

William Gallagher and Jethro Eisenstein for defendant. Eugene Gold, District Attorney (Paul N. Ornstein of counsel), for plaintiff.

NICHOLAS COFFINAS, J.

In this motion the defendant petitions this court to set aside a notice of alibi served upon him by the People under CPL 250.20, and requests that he be permitted to present alibi testimony at the trial notwithstanding his failure to provide the prosecution with the names of prospective alibi witnesses. The ground — alleged unconstitutionality of CPL 250.20 by reason of lack of reciprocity...

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