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STATE OF CONNECTICUT v. DAVID C. WITYAK

The defendant's petition for certification for appeal from the Appellate Court, 29 Conn. App. 455 [AC 10721], is granted, limited to the following issue:

"Was the Appellate Court correct in expanding State v. Cain, 223 Conn. 731 (1992) to find that Deputy Fire Marshall Driscoll's call to the police station via his town radio, the dispatch call to Officer Cronin, and Officer Cronin's broadcasts were not statements under Practice Book 749(2)?"

Mary Miller Haselkamp, assistant public defender, in support of the petition.

Susan C. Marks, assistant state's attorney, in opposition.

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STATE v. WITYAK
(Dec 22, 1992)