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PEOPLE v. CONTRERAS

12 N.Y.3d 268 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALKINS CONTRERAS, Appellant.

Court of Appeals of New York.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Dewey & LeBoeuf LLP, New York City (Krista M. Chiauzzi of counsel), and Legal Aid Society, Criminal Appeals Bureau (Steven Banks, Richard Joselson and Andrew Fine of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Sheila O'Shea and Alan Gadlin of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

SMITH, J.

At the outset of defendant's trial for kidnapping, rape and other crimes, the prosecution called the court's attention to notes written by the complainant, defendant's wife. The court decided that the notes had nothing to do with the case — a conclusion amply justified by the record. Defendant argues, however, that his rights were violated by the procedure the court used in reaching that decision, in that the court initially...

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