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PEOPLE v. VALLETUTTI

48 A.D.3d 598 (2008)

852 N.Y.S.2d 213

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK VALLETUTTI, Appellant.

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

Decided February 13, 2008.

Ordered that the judgment is affirmed.

The defendant correctly contends that the New York City Police Department (hereinafter the police) improperly refused to execute an order issued by the trial court directing them to arrest a potential witness (see CPL 620.30 [2] [b]). Furthermore, once the trial court was made aware of that failure, it should have admitted the statement made by that witness to the police (see generally People v Geraci,

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