MATTER OF DAILY NEWS, L.P.

11753-2009

31 Misc.3d 319 (2011)

In the Matter of SUBPOENA AD TESTIFICANDUM TO DAILY NEWS, L.P. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ANGELO DIAZ, Defendant.

Supreme Court, Kings County.

Decided January 11, 2011.


Attorney(s) appearing for the Case

Anne B. Carroll , New York City, for Daily News, L.P. Legal Aid Society, Brooklyn ( Laurie Dick of counsel), for defendant.

Charles J. Hynes , District Attorney, Brooklyn ( Lewis Lieberman of counsel), for plaintiff.


OPINION OF THE COURT

MARK DWYER, J.

Defendant Angelo Diaz stands charged with a number of felonies, including attempted murder in the second degree, on the theory that he was an accomplice in an attempt to shoot a police officer. The People intend to prove at trial that defendant shouted, in so many words, "shoot the cop," as his codefendant, Angel Rivera, struggled with an officer for control of a pistol. However, the Daily News published an article just...

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