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People v. Merrill

Court: New York Court of Appeals
Date filed: 1996-02-15
Citations: 664 N.E.2d 498, 87 N.Y.2d 948, 641 N.Y.S.2d 587, 1996 N.Y. LEXIS 2768
Copy Citations
1 Citing Case
Combined Opinion

OPINION OF THE COURT

Order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) for the reasons stated in the dissenting memorandum at the Appellate Division (212 AD2d 987, 988).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.

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