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PEOPLE v. EBRAMHA

157 Misc.2d 222 (1993)

___ N.Y.S.2d ___

The People of the State of New York, Plaintiff, v. Atal Ebramha, Defendant.

Criminal Court of the City of New York, New York County.

March 10, 1993

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (S. Charles Helman of counsel), for plaintiff. Legal Aid Society, New York City (Laura Porter of counsel), for defendant.

MEGAN TALLMER, J.

The People have moved for reconsideration of the court's decision (157 Misc.2d 217) on the ground that a certificate pursuant to CPLR 4521 is not required because at common law, the custodian of a public record could give oral testimony as to the absence of a record. The People reason that if such testimony is permitted at trial, an affidavit by a custodian...

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