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PEOPLE v. GARAY

105 Misc.2d 1 (1980)

The People of the State of New York, Plaintiff, v. Felix Garay, Defendant.

County Court, Albany County.

July 2, 1980.

Attorney(s) appearing for the Case

Sol Greenberg, District Attorney (Michael Katzer of counsel), for plaintiff. Raymond A. Kelly, Jr., for defendant.

JOSEPH HARRIS, J.

The People move, pursuant to CPL 240.40 (subd 2) for an order to compel the defendant to disclose to the People a certain item of claimed nontestimonial evidence, believed to be in his actual or constructive possession and under his control, namely, a statement purportedly signed by one Harry Vance, a key prosecution witness, and purportedly exculpating the defendant with respect to the charges...

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