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PEOPLE v. RUSSO

171 Misc.2d 154 (1996)

652 N.Y.S.2d 939

The People of the State of New York, Plaintiff, v. Robert L. Russo, Defendant.

County Court, Cattaraugus County.

December 16, 1996

Attorney(s) appearing for the Case

Timothy P. Frank, Springville, for defendant. John H. Heyer, Special Prosecutor, for plaintiff.

LARRY M. HIMELEIN, J.

DECISION

This case raises an issue left unresolved in People v Taylor (73 N.Y.2d 683): does the loss of the in camera testimony given in support of a search warrant application mandate suppression of the evidence or do there exist circumstances here which permit the evidence to be received...

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