MTR OF WHITEHURST v. KAVANAGH


218 A.D.2d 366 (1996)

640 N.Y.S.2d 345

In the Matter of Larry F. Whitehurst, Appellant, v. Michael Kavanagh, as District Attorney of Ulster County, Respondent

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

April 4, 1996


Attorney(s) appearing for the Case

Susan Salomon, Albany, for appellant.

Michael Kavanagh, District Attorney of Ulster County, Kingston (Alan Lewis of counsel), for respondent.

CARDONA, P. J., CREW III, YESAWICH JR. and SPAIN, JJ., concur.


WHITE, J.

During the afternoon of September 21, 1995, a seven-year-old girl (hereinafter the victim) was reported missing from the front yard of her home in the City of Kingston, Ulster County, and an intensive search for her ensued. Later that evening petitioner, who was not under arrest, was brought to the Kingston Police Department and questioned about the victim's disappearance. Although not in police custody...

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