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PEOPLE v. HILL

5 N.Y.3d 772 (2005)

835 N.E.2d 654

801 N.Y.S.2d 794

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GARTH M. HILL, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 2005.

Attorney(s) appearing for the Case

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell and Victoria M. White of counsel), for appellant.

Thomas W. Ryan, Syracuse, for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant furnished the prosecutor with a list of alibi witnesses seeking to have them testify before the grand jury. When presenting the case, the prosecutor told the grand jury that he had received a request from the defense asking that the grand jurors "consider and vote whether or not you want to hear from the following...

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