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PEOPLE v. DaGATA

86 N.Y.2d 40 (1995)

652 N.E.2d 932

629 N.Y.S.2d 186

The People of the State of New York, Respondent, v. Joseph DaGata, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1995.

Attorney(s) appearing for the Case

Richard E. Mischel, P. C., New York City (Richard E. Mischel, Linda Goldman and Julie Miller of counsel), for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Patricia A. Murphy of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The issues here are whether (1) FBI notes related to a one-page DNA testing report are within the scope of the discovery rule of CPL 240.20, (2) the prosecution was required to provide these notes upon defendant's request, notwithstanding that they were not in its possession, and (3) the trial court erred by refusing to direct that defendant receive the notes the FBI used in analyzing DNA evidence in...

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