| THE PEOPLE V STUART J. DIZAK |
| Motion No: KA 10-00616 |
| Slip Opinion No: 2011 NY Slip Op 73899(U) |
| Decided on May 24, 2011 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 10-00616
Indictment No: 2009-0393
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STUART J.
DIZAK, DEFENDANT-APPELLANT. |
Appellant having moved to compel the District Attorney to produce original exhibits to be used for an appeal from a judgment of the Monroe County Court rendered December 4, 2009,
Now, upon reading and filing the affirmation of Bernard H. Udell dated April 21, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Upon the perfection of the appeal, appellant may serve a five day written demand for the exhibits or a subpoena duces tecum for the exhibits issued in accordance with the CPLR article 23, with proof of service thereof (see 22 NYCRR 1000.4[g][3]).
Entered: May 24, 2011
PATRICIA L. MORGAN, Clerk