PEOPLE v. VAN DYNE


175 Misc.2d 558 (1998)

669 N.Y.S.2d 199

The People of the State of New York, Plaintiff, v. David Van Dyne, Sr., Defendant.

County Court, Monroe County.

January 26, 1998


Attorney(s) appearing for the Case

Kevin M. Doyle, Capital Defender (William Easton and Joseph Flood of counsel), for defendant. Howard R. Relin, District Attorney of Monroe County (Larry K. Bernstein of counsel), for plaintiff.


PATRICIA D. MARKS, J.

This a decision on a motion by defense counsel seeking relief from the notice requirements of the law and granting permission to the defendant to present judicial subpoenas duces tecum ex parte. The stated basis for the request is that the defense wishes to prepare evidence in mitigation for the penalty phase of the trial as well as determine whether to present information to the prosecutor...

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