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PEOPLE v. LENAHAN

141 Misc.2d 538 (1988)

The People of the State of New York, Plaintiff, v. Thomas Lenahan, Defendant.

Supreme Court, Kings County.

September 23, 1988

Attorney(s) appearing for the Case

David H. Weiss for defendant. Elizabeth Holtzman, District Attorney (Eva Kambot of counsel), for plaintiff.

ALAN BROOMER, J.

Defendant seeks dismissal of his indictment on the grounds that the complainant should have testified personally before the Grand Jury, that once he was again physically able to testify in person he lost his status as a "special witness" whose videotaped testimony could be received in lieu of his "live" testimony.

Thus is posed the novel question of whether a facially proper Grand...

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