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PEOPLE v. BAKER

191 Misc.2d 703 (2002)

744 N.Y.S.2d 814

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KENNETH BAKER, Defendant.

Supreme Court, Monroe County.

May 13, 2002.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Matthew Nafus of counsel), for plaintiff.

Robert Shapiro for defendant.

Edward J. Nowak, Public Defender (Ann Burger of counsel), for Shannon D. Legal Aid Society of Rochester (Wendy Welch of counsel), Law Guardian, for Shannon D.1

OPINION OF THE COURT

DONALD J. MARK, J.

This case involves the interplay between the Criminal Procedure Law and the Family Court Act involving a material witness under the age of 16.

The defendant is charged with the crime of murder in the second degree, and pursuant to section 620.20 of the Criminal Procedure Law, the prosecutor brought this proceeding to adjudicate Shannon D., a female 15 years of age, as a material witness. The prosecutor properly...

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