NASSAU COUNTY v. SULLIVAN


194 A.D.2d 236 (1993)

In the Matter of County of Nassau, Appellant, v. Brad Sullivan, Respondent

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

December 27, 1993


Attorney(s) appearing for the Case

Shayne, Dachs, Stanisci, Corker & Sauer, Mineola (Jonathan A. Dachs and Lawrence J. Brennan of counsel), for appellant.

Robert L. Clarey, Mineola (Mark L. Lubelsky of counsel), for respondent.

SULLIVAN, MILLER and LAWRENCE, JJ., concur.


BRACKEN, J. P.

The question to be resolved here is whether, in a criminal prosecution, the District Attorney is required to turn over documents in the possession of another public agency, and not within the District Attorney's actual or constructive control.

Brad Sullivan has been charged with assault in the third degree. This criminal prosecution is pending in the District Court, Nassau County. The...

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