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PEOPLE v. SWERDLOW

15 A.D.2d 38 (1961)

The People of the State of New York, Respondent, v. Donald H. Swerdlow, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 14, 1961.

Attorney(s) appearing for the Case

Aaron Samuelson for appellant.

Daniel J. Sullivan of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

VALENTE, STEUER and BASTOW, JJ., concur in Per Curiam opinion; BREITEL, J. P., dissents and votes to reverse in opinion, in which McNALLY, J., concurs.

Per Curiam.

After defendant's conviction in the Court of Special Sessions for assault in the third degree, he moved before that court for an order in arrest of judgment and for a new trial. The court granted his motion but failed to signify which form of relief was being accorded. Subsequently defendant was tried again and again convicted.

We are in accord that, for the reasons stated in the dissenting opinion...

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