PEOPLE v. PINNACLE

5199/12. 7388. 7387.

165 A.D.3d 521 (2018)

86 N.Y.S.3d 35

2018 NY Slip Op 06984

The People of the State of New York, Respondent, v. Edmund Pinnacle, Appellant.

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

Decided October 18, 2018.


Defendant was not entitled to be present, or to have his counsel present, at a proceeding where the People sought a material witness order. Initially, we note that all of defendant's arguments are made for the first time on appeal. However, we find it unnecessary to determine which, if any, of defendant's claims are exempt from the requirement of preservation.

"Neither the defendant nor the prosecution is entitled to notice of an application for a material witness...

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