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PEOPLE v. GALLARDO

173 A.D.2d 636 (1991)

The People of the State of New York, Respondent, v. Alexander Gallardo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 20, 1991

Ordered that the matter is remitted to the Supreme Court, Queens County, to a different Justice to hear and report as to whether certain notes referred to at the trial exist, and if they do, whether the defendant is entitled to them under People v Rosario (9 N.Y.2d 286), and the appeal is held in abeyance in the interim. The Supreme Court shall file its report with this court with all convenient speed.

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