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PEOPLE v. ADRION

82 N.Y.2d 628 (1993)

627 N.E.2d 973

606 N.Y.S.2d 893

The People of the State of New York, Respondent, v. Frederick Adrion, Anthony Grado, Frank Scarpati and Samuel Torlone, Appellants.

Court of Appeals of the State of New York.

Decided December 21, 1993.

Attorney(s) appearing for the Case

Roger Bennet Adler, New York City, and Karen Bennett for Frederick Adrion, appellant.

Sharon Weintraub Dashow, Brooklyn, for Anthony Grado, appellant.

Mark Diamond, Brooklyn, for Frank Scarpati, appellant.

McKenna & Schneier, Valley Stream (Alan Schneier of counsel), for Samuel Torlone, appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

TITONE, J.

Defendants were arrested by an FBI agent who discovered them unloading a truck containing stolen merchandise. The sole issue presented in their appeal from an Appellate Division order denying suppression is whether the People may refuse to comply with a trial court's order to produce a confidential informant for a Darden inquiry1 on the ground that the agent obtained...

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