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PEOPLE v. BUDD

46 N.Y.2d 930 (1979)

The People of the State of New York, Respondent, v. George Budd, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1979.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Deborah S. Gerber of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Adam H. Bernstein of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG dissents and votes to reverse in a separate memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The question as to whether the People have exercised due diligence in their efforts to locate or produce an informant, whose testimony may be needed by the defendant at trial (People v Jenkins, 41 N.Y.2d 307), is essentially factual. A determination of this nature, if affirmed by the intermediate appellate...

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