PEOPLE v. BEAL


57 A.D.2d 306 (1977)

The People of the State of New York, Respondent, v. Stanley Beal, Appellant

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

May 16, 1977


Attorney(s) appearing for the Case

William E. Hellerstein and William J. Gallagher (Robert Bergen of counsel), for appellant.

John J. Santucci, District Attorney (William Schrager of counsel), for respondent.

RABIN, J. P., and HAWKINS, J., concur with O'CONNOR, J.; TITONE, J., dissents and votes to reverse the judgment and order and to remand the case to Criminal Term for a de novo suppression hearing, before a different Justice, with an opinion, in which SHAPIRO, J., concurs.


O'CONNOR, J.

The primary question presented on this appeal is whether Criminal Term's refusal to adjourn the suppression hearing in order to allow the defense an opportunity to obtain a copy of the Grand Jury testimony of the lone witness, and to require that witness to produce a UF-61 report, constituted reversible error. Under the circumstances of this case such refusal, although error, had, at best, a minimal...

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