PEOPLE v. ADGER


75 N.Y.2d 723 (1989)

The People of the State of New York, Respondent, v. Thomas Adger, Appellant. The People of the State of New York, Respondent, v. Victor Austin, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 1989.


Attorney(s) appearing for the Case

Nancy E. Little and Philip L. Weinstein for Thomas Adger, appellant.

David P. Greenberg and Philip L. Weinstein for Victor Austin, appellant.

Elizabeth Holtzman, District Attorney (Robin A. Forshaw, Barbara D. Underwood and Peter A. Weinstein of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA concur; Judge TITONE concurs in a concurring opinion in which Judge HANCOCK, JR., concurs.


MEMORANDUM.

The orders of the Appellate Division should be modified by remitting to Supreme Court, Kings County, for further proceedings in accordance with this memorandum, and as so modified, affirmed.

The issue in both of these cases is whether the trial court erred in failing to require the People to turn over specific documents requested by defense counsel pursuant to this court's holding in People v Rosario...

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