PEOPLE v. BURTS


64 A.D.2d 283 (1978)

The People of the State of New York, Respondent, v. John Henry Burts, Appellant

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

November 3, 1978


Attorney(s) appearing for the Case

Edward J. Nowak (William Pixley of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Kenneth Fisher of counsel), for respondent.

CARDAMONE, SIMONS, DILLON and SCHNEPP, JJ., concur.


MARSH, P. J.

Defendant was indicted March 20, 1975 upon two counts of assault in the second degree in violation of subdivision 2 of section 120.05 of the Penal Law. Following arraignment and adjournments for the assignment and substitution of counsel the case was placed on the trial calendar for October 6, 1976. By motion returnable November 3, 1976 defendant sought the discovery of certain materials from the...

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