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PEOPLE v. SPAGNA

108 Misc.2d 1 (1981)

The People of the State of New York, Plaintiff, v. Anthony Spagna, Defendant.

Criminal Court of the City of New York, New York County.

January 27, 1981

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Edward Schoenman of counsel), for plaintiff. Caesar Cirigliano and Carol Goldstein for defendant.

STANLEY GARTENSTEIN, J.

In this prosecution, the court is called upon to extend by interpolation a procedural remedy now available by virtue of judicial stare decisis in felony prosecutions in the court of superior criminal jurisdiction to their transitional phases within a local criminal court (in this instance, the New York City Criminal Court). We hold as a matter of law that a prepleading investigation...

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