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MARTINEZ v. STATE OF NEW YORK

128 Misc.2d 789 (1985)

Arlene Martinez, Individually and as Administratrix of The Estate of Pablo Martinez, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 67736.)

Court of Claims.

June 14, 1985

Attorney(s) appearing for the Case

Kevin Concagh, P. C., for claimant. Robert Abrams, Attorney-General (Maida M. Asofsky of counsel), for defendant. Robert M. Morgenthau, District Attorney (Debora K. Grobman of counsel), for respondent.

GERARD M. WEISBERG, J.

It is well settled that a defendant in a criminal proceeding is entitled to examine exculpatory material in the possession of the District Attorney. (See, Brady v Maryland, 373 U.S. 83; CPL 240.20 [1] [g].) The issue before this court is whether a victim, for use in a civil proceeding, is entitled to disclosure of notes made by an Assistant District Attorney in connection with a criminal...

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