PEOPLE v. MACGILFREY


288 A.D.2d 554 (2001)

733 N.Y.S.2d 254

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MACGILFREY, Appellant.

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

Decided November 8, 2001.


Mugglin, J.

During the course of their investigation of the crimes at issue herein, the police, to corroborate the victim's statement, obtained a Grand Jury subpoena duces tecum requiring Time-Warner Cable to produce its records, concerning defendant's residence for the month of August 1997, before the Albany County Grand Jury on April 14, 1998. The evidence obtained was not presented to this Grand Jury, but to one later empaneled in June 1998. Apparently having learned...

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