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  5. 35 N.Y.2d 158 (1974)
 

PEOPLE v. SABELLA

35 N.Y.2d 158 (1974)

The People of the State of New York, Appellant, v. Michael Sabella, Respondent. The People of the State of New York, Appellant, v. Raymond Fellman, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1974.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Arthur Friedman of counsel), for appellant in the first above-entitled action.

Gustave H. Newman for respondent in the first above-entitled action.

George J. Aspland, District Attorney (Henry F. O'Brien of counsel), for appellant in the second above-entitled action.

John Joseph Sutter and Gino C. Papa for respondent in the second above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and Jones concur with Judge WACHTLER; Judge STEVENS dissents and votes to affirm in a separate opinion; Judge RABIN taking no part.

WACHTLER, J.

In each of these nonjury cases the court dismissed the indictment on the ground that the evidence submitted at the trial was insufficient to establish the crime charged and the People appealed pursuant to CPL 450.20 (subd. 2). The defendants argue that the appeals should be dismissed because (1) the CPL does not permit the People to appeal from a trial order of dismissal in a nonjury case and in...

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