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PEOPLE v. DAY

102 Misc.2d 11 (1979)

The People of the State of New York, Plaintiff, v. Matt Day, Jr., Defendant.

District Court of Nassau County, First District.

November 1, 1979.

Attorney(s) appearing for the Case

Patrick Mahoney for defendant. Denis Dillon, District Attorney (Bruce Ruinsky of counsel), for plaintiff.

HAROLD FERTIG, J.

The circumstances of this motion are relatively unique. This court could find no reported case where a similar motion was made during or at the end of trial.

At the end of trial, after both sides had rested, the defendant made a motion requesting that the testimony of the People's witness, Louis Santorella, be stricken. The basis of that motion was that the People did not produce a...

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