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PEOPLE v. MITCHELL

82 N.Y.2d 509 (1993)

626 N.E.2d 630

605 N.Y.S.2d 655

The People of the State of New York, Respondent, v. Patsy Mitchell, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Kenneth G. Varley of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Zachary Weiss and Patricia Curran of counsel), for respondent.

Judges SIMONS, BELLACOSA and LEVINE concur with Judge SMITH; Judge TITONE dissents and votes to reverse in a separate opinion in which Chief Judge KAYE and Judge HANCOCK, JR., concur.

SMITH, J.

The issue in this case is whether a prosecutor is required to present exculpatory statements of a defendant to the Grand Jury in addition to the inculpatory statements which were submitted. Because we hold that the prosecutor was not required to present such statements on the facts presented here, we affirm the order of the Appellate Division.

On November 13, 1990, shortly before 9:30 P.M.,...

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