People v. Diggs

OPINION OF THE COURT

Sandra J. Feuerstein, J.

Pursuant to defendant’s request and CPL 180.60, a felony examination was held in this matter on June 27, 1988. In the course of the hearing, at the close of the testimony of the complainant, defense counsel moved, pursuant to CPL 240.44 (1), for disclosure of the witness’ prior statement to the police. The People objected.

Both the prosecutor and defense counsel argued their respective points persuasively, the former, citing People v Epps (67 Misc 2d 907, affd 32 NY2d 706) claiming that the instant proceeding is not a pretrial hearing within the…