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  5. 88 N.Y.2d 248 (1996)
 

PEOPLE v. KELLY

88 N.Y.2d 248 (1996)

666 N.E.2d 1348

644 N.Y.S.2d 475

The People of the State of New York, Respondent, v. Raymond Kelly, Appellant. The People of the State of New York, Respondent, v. Alphonso White, Appellant. The People of the State of New York, Respondent, v. Charles Brown, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1996.

Attorney(s) appearing for the Case

Susan J. Horwitz, New York City, and Daniel L. Greenberg for appellants in the three above-entitled actions.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Linda Cantoni and Steven J. Chananie of counsel), for respondent in the three above-entitled actions.

Robert M. Morgenthau, District Attorney of New York County, New York City (Patrick J. Hynes of counsel), for New York County District Attorney, pro se, amicus curiae in the three above entitled actions.

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

BELLACOSA, J.

These three unrelated appeals present a common question: Are interview notes and reports of the State Division of Parole material that prosecutors are required to provide to defense counsel under CPL 240.45 (1) (a) and People v Rosario (9 N.Y.2d 286, cert denied 368 U.S. 866)? Because Parole Division records

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