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  5. 41 N.Y.2d 307 (1977)
 

PEOPLE v. JENKINS

41 N.Y.2d 307 (1977)

The People of the State of New York, Respondent, v. Thomas Jenkins, Appellant. The People of the State of New York, Respondent, v. John Daniel, Appellant. The People of the State of New York, Respondent, v. Benjamin Law, Appellant.

Court of Appeals of the State of New York.

Decided February 10, 1977.

Attorney(s) appearing for the Case

Peter L. Yellin, Public Defender (Edward J. Nowak of counsel), Rochester, for appellants in the first and second above-entitled actions.

Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), Rochester, for respondent in the first and second above-entitled actions.

Peter L. Yellin, Public Defender (Andrew C. Fine of counsel), Rochester, for appellant in the third above-entitled action.

Lawrence T. Kurlander, District Attorney (Edward J. Spires of counsel), Rochester, for respondent in the third above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge FUCHSBERG dissents in part and votes to reverse and dismiss the indictment in a separate opinion.

People v Jenkins and People v Daniel

GABRIELLI, J.

The primary issue on this appeal is the obligation of the People to produce at trial a confidential informant once in the control of the police, who has become unavailable through no intention of the prosecutor, but through the otherwise excusable or justifiable act of the prosecutor. Because...

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