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PEOPLE v. McCLOGGAN

137 Misc.2d 299 (1987)

The People of the State of New York, Plaintiff, v. Danny McCloggan, Defendant.

Supreme Court, Criminal Term, Kings County.

October 19, 1987

Attorney(s) appearing for the Case

Jerry D. Casel for defendant. Elizabeth Holtzman, District Attorney (Neil Ross of counsel), for plaintiff.

RICHARD D. HUTTNER, J.

Defendant moves prior to trial for a dismissal of the indictment charging him with burglary in the second degree and grand larceny in the fourth degree. He claims that dismissal is required pursuant to People v Ranghelle (69 N.Y.2d 56 [1986]), because the People lost a report which would constitute Rosario material as to a prosecution witness. Defendant further argues that dismissal...

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