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PEOPLE v. FONSECA

134 Misc.2d 1078 (1987)

The People of the State of New York, Plaintiff, v. Maria Fonseca, Defendant.

Supreme Court, Criminal Term, Queens County.

April 3, 1987

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Neil Gitin of counsel), for plaintiff. Anthony Agapito for defendant.

JOHN J. CLABBY, J.

This is a motion to inspect the Grand Jury minutes and dismiss the indictment on the grounds that the evidence adduced before the Grand Jury is incompetent and therefore unlawful. More specifically, that the information before the Grand Jury is in violation of the defendant's physician-patient privilege, as stated in CPLR 4504. For the reasons set forth, the motion is denied in all respects...

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