PEOPLE v. WARD


121 Misc.2d 1092 (1983)

The People of the State of New York, Plaintiff, v. Eugene Ward, Defendant.

Supreme Court, New York County.

December 13, 1983


Attorney(s) appearing for the Case

Sterling Johnson, Special Assistant District Attorney (Ronald Garnett of counsel), for plaintiff. Jamie Wolfe for defendant.


HERMAN CAHN, J.

Under CPL 240.45, the People are required to provide a defendant with any prior recorded statements made by a person whom the prosecutor intends to call as a witness, if it relates to the subject of the witness' testimony. The issue before the court is whether that requirement applies even though those prior statements were the testimony of a witness at defendant's previous trial and hence, were heard by defendant and are as accessible...

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