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PEOPLE v. NOVAK

233-2012.

41 Misc.3d 749 (2013)

971 N.Y.S.2d 853

2013 NY Slip Op 23325

THE PEOPLE OF THE STATE NEW OF NEW YORK, Plaintiff, v. PAUL NOVAK, Defendant.

County Court, Sullivan County.

Decided September 20, 2013.

Attorney(s) appearing for the Case

James R. Farrell , District Attorney, Monticello, and Stephen F. Lungen , Special Prosecutor, Monticello, for plaintiff. Greenberg Traurig, LLP, Albany ( William A. Hurst of counsel), for Times Herald-Record. Hilary Lane , New York City, for NBC Universal. Greenwald Law Offices, Chester ( Gary Greenwald of counsel), for defendant.

OPINION OF THE COURT

FRANK J. LaBUDA, J.

As the jury trial of People v Novak progressed through its full fifth week of trial testimony, the People served the Middletown Times Herald-Record newspaper with a subpoena duces tecum, seeking to compel testimony from Victor Whitman, a reporter for the Times Herald-Record (hereinafter referred to as the Record), and production of all unpublished audio and video recordings and reporter's notes created during...

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