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MATTER OF BROWN v. APPELMAN

241 A.D.2d 279 (1998)

672 N.Y.S.2d 373

In the Matter of Richard A. Brown, as District Attorney of Queens County, Petitioner, v. Pearle Appelman et al., Respondents

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

April 27, 1998

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Gary Fidel and Erin R. Apfel of counsel), petitioner pro se.

Rubinstein & Corozzo, P. C., New York City (Ronald Rubinstein of counsel), for Pearle Appelman, respondent.

Legal Aid Society Capital Defense Unit, New York City (Gary A. Alexion, Miro F. Cizin, Edna Schwartz and Timothy B. Rountree of counsel), for Richard Timmons, respondent.

MANGANO, P. J., PIZZUTO and KRAUSMAN, JJ., concur.

MILLER, J.

The instant proceeding raises a settled issue that has been litigated with renewed vigor in light of the reinstitution of capital punishment in this State. Notwithstanding that this is a potential capital prosecution, the Supreme Court still lacks the authority to afford murder suspects preindictment discovery of physical evidence. Accordingly, prohibition lies and we grant the petition of the District...

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