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BROWN v. BLUMENFELD

2012-03981.

103 A.D.3d 45 (2012)

957 N.Y.S.2d 171

2012 NY Slip Op 8725

In the Matter of RICHARD A. BROWN, Petitioner, v. JOEL L. BLUMENFELD et al., Respondents.

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

Decided December 19, 2012.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( John M. Ryan , James C. Quinn , Robert J. Masters and Donna Aldea of counsel), petitioner pro se.

Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York City ( Mark F. Pomerantz and Jane B. O'Brien of counsel), for respondent Joel L. Blumenfeld.

MASTRO, J.P., FLORIO and HALL, JJ., concur.

OPINION OF THE COURT

SKELOS, J.

Elisaul Perez, a defendant in a criminal action being prosecuted by the petitioner, Richard A. Brown, the District Attorney of Queens County (hereinafter the District Attorney), was interviewed, prior to his arraignment, by an assistant district attorney (hereinafter ADA), and gave a videotaped statement. The interview was conducted pursuant to a program instituted by the District Attorney's office, under which arrested individuals...

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