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PEOPLE v. GANT

199 A.D.2d 816 (1993)

606 N.Y.S.2d 88

The People of the State of New York, Respondent, v. Charles Gant, Jr., Appellant

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

December 30, 1993

Casey, J.

Defendant complains that the procedures provided with respect to material witnesses in CPL 620.30 were violated because the application, which was not in writing and sworn, was invalid. The record reveals that the witness Curtis Johnson appeared as a rebuttal witness for the prosecution voluntarily and despite his material witness status. Defendant can claim no prejudice if the proper material witness...

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