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DONOVAN v. PESCE

2009-08320

73 A.D.3d 137 (2010)

898 N.Y.S.2d 610

In the Matter of DANIEL M. DONOVAN, Jr., Petitioner, v. MICHAEL L. PESCE et al., as Justices of the Supreme Court of the State of New York, Respondents.

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

Decided April 6, 2010.

Attorney(s) appearing for the Case

Daniel M. Donovan , Jr., District Attorney, Staten Island ( Morrie I. Kleinbart of counsel), petitioner pro se.

Andrew M. Cuomo , Attorney General, New York City ( Susan Anspach of counsel), for Michael L. Pesce and others, respondents.

PRUDENTI, P.J., MASTRO, RIVERA and SKELOS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

The respondent Troy Williams is the subject of a criminal prosecution pending in the Criminal Court of the City of New York for the County of Richmond. In an order dated September 26, 2008, that court (Sciarrino, Jr., J.) granted Williams's motion to suppress certain identification testimony. The petitioner, the District Attorney of Richmond County, on behalf of the People of the State of New York, perfected an appeal from...

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