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PEOPLE v. KOGUT

10 Misc.3d 245 (2005)

805 N.Y.S.2d 789

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN KOGUT, Defendant.

Supreme Court, Nassau County.

September 2, 2005.

Attorney(s) appearing for the Case

Paul Casteleiro, Hoboken, New Jersey, for defendant.

Denis E. Dillon, District Attorney, Mineola (Robert Biancavilla of counsel), for plaintiff.

OPINION OF THE COURT

VICTOR M. ORT, J.

Defendant John Kogut moves for an ad limine ruling permitting him to introduce at the retrial of this indictment expert opinion testimony from Dr. Charles Honts, a polygraph expert. In May 1986 defendant was convicted of the rape and murder of Theresa Fusco. Codefendants John Restivo and Dennis Halstead, who were tried separately from Mr. Kogut, were convicted in December...

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