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PEOPLE v. JACKSON

Ind. No. 4477/15. Appeal No. 11949. Case No. 2018-294.

187 A.D.3d 446 (2020)

133 N.Y.S.3d 10

2020 NY Slip Op 05461

The People of the State of New York, Respondent, v. Donnell Jackson, Appellant.

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

Decided October 6, 2020.

Defendant was not entitled to be present, or to have his counsel present, at a proceeding pertaining to the People's request for a material witness order, because it was held only to determine what steps should be taken to secure the witness's appearance (see People v Pinnacle, 165 A.D.3d 521 [1st Dept 2018], lv denied 32 N.Y.3d 1176 [2019]). The fact that the witness discussed threats allegedly...

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