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PEOPLE v. ANITA DI GIULIO MARVIN

258 A.D.2d 964 (1999)

685 N.Y.S.2d 499

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANITA DI GIULIO MARVIN and LUCIANO SPATARO, Appellants.

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

Decided February 10, 1999.

Order unanimously affirmed.

Memorandum:

We reject the contention of defendants that Supreme Court erred in denying their CPL article 440 motion. They contend that the People violated CPL 240.45 (1) (a) by failing to turn over Rosario material in the possession of the Federal Bureau of Investigation (FBI). We disagree. The alleged Rosario material was a teletype sent by an FBI agent to FBI headquarters in Washington, D.C., relating a statement...

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