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PEOPLE v. COLAVITO

87 N.Y.2d 423 (1996)

663 N.E.2d 308

639 N.Y.S.2d 996

The People of the State of New York, Respondent, v. Ronald Colavito, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1996.

Attorney(s) appearing for the Case

Jacobowitz & Gubits, Walden (Andrea D. Pawliczek of counsel), for appellant.

Francis D. Phillips, II, District Attorney of Orange County, Goshen (Gerald D. D'Amelia, Jr., of counsel), for respondent.

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

BELLACOSA, J.

This appeal raises a question concerning the People's obligation to seek out and obtain before trial evidence not in their possession or control. In particular in this case, the two money orders now at issue were not otherwise subject to discovery under CPL article 240. They were, however, within the scope of the People's voluntary disclosure agreement to provide to the defense. The People acquired...

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