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MATTER OF YARTER v. WINN

220 A.D.2d 1 (1996)

645 N.Y.S.2d 333

In the Matter of Kenneth Yarter, Jr., Petitioner, v. Robert M. Winn, as District Attorney of the County of Washington, et al., Respondents

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

June 6, 1996

Attorney(s) appearing for the Case

Joseph H. Oswald, Public Defender of Washington County, Fort Edward, for petitioner.

Robert M. Winn, District Attorney of Washington County, Fort Edward (NancyLynn S. Ferrini of counsel), respondent pro se.

WHITE, YESAWICH JR., PETERS and SPAIN, JJ., concur.

CREW III, J. P.

In July 1974, petitioner was indicted by a Washington County Grand Jury and charged with murder in the second degree and rape in the first and third degrees. County Court thereafter granted petitioner's motion to suppress certain oral and written statements made by him to the police. Respondent Washington County District Attorney (hereinafter respondent) appealed County Court's interlocutory decision...

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