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PEOPLE v. BADIA

Ind. No. 7034/04. Docket No. 304153/15. Case No. 2020-02176. Appeal No. 13953.

195 A.D.3d 426 (2021)

144 N.Y.S.3d 588

2021 NY Slip Op 03420

The People of the State of New York, Respondent, v. Eddie Badia, Appellant. Eddie Badia, Plaintiff, v. City of New York et al., Respondents.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Beldock Levine & Hoffman LLP, New York ( David B. Rankin of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Susan Paulson of counsel), for municipal respondents.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.

The court properly found that appellant failed to rebut the presumption of confidentiality of grand jury proceedings by showing "a compelling and particularized need" for grand jury testimony by police witnesses in his underlying criminal case (People v Fetcho, 91 N.Y.2d 765, 769 [1998] [internal quotation marks and citation omitted]). Appellant failed to establish that "sources other than [the] grand jury testimony were inadequate...

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