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PEOPLE v. CARTER

37 N.Y.2d 234 (1975)

The People of the State of New York, Respondent, v. Kenneth Carter, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1975.

Attorney(s) appearing for the Case

Robert B. Sherman and William E. Hellerstein for appellant.

Nicholas Ferraro, District Attorney (Joseph R. Onorato of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Appellant, convicted after a jury trial of two counts of criminal sale of a dangerous drug in the third degree (Penal Law, § 220.35, repealed L 1973, ch 276), presses for reversal because of the trial court's refusal to issue a commission to examine 10 out-of-State witnesses pursuant to CPL 680.20.

After having been indicted on June 15, 1971 for the perpetration of said crimes in Queens...

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