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PEOPLE v. CWIKLA

46 N.Y.2d 434 (1979)

The People of the State of New York, Respondent-Appellant, v. Roger Cwikla, Appellant-Respondent. The People of the State of New York, Respondent, v. Wilfred Ford, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1979.

Attorney(s) appearing for the Case

Henry Winestine and William E. Hellerstein for appellant-respondent.

Eleanor Jackson Piel for appellant.

Mario Merola, District Attorney (Allen H. Saperstein and Billie Manning of counsel), for respondent and respondent-appellant.

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

JONES, J.

A prosecutor is under a duty to disclose to defense counsel correspondence between the office of the District Attorney and the Parole Board advising of the co-operation of a principal prosecution witness in the trial of the witness' accomplices and expressing the hope that such co-operation will be taken into account when the witness is considered for parole. Further, a handkerchief used as a gag as...

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