PEOPLE v. BUTTON


276 A.D.2d 229 (2000)

722 N.Y.S.2d 629

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID W. BUTTON, Appellant.

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

December 27, 2000.


Attorney(s) appearing for the Case

Daniel E. Seaman, Public Defender, Lockport (Leonard G. Tilney, Jr., of counsel), for appellant.

Matthew J. Murphy, III, District Attorney of Niagara County, Lockport (Thomas H. Brandt of counsel), for respondent.

WISNER, SCUDDER and KEHOE, JJ., concur.


OPINION OF THE COURT

PINE, J. P.

This case presents the issue whether defendant was entitled to Rosario material consisting of a Federal Bureau of Investigation (FBI) file generated by a Fugitive Task Force investigation jointly conducted by Federal and State law enforcement agencies. For the reasons that follow, we conclude that defendant's Rosario rights must yield to the right of the Federal Government to refuse access to that file.

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