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PEOPLE v. SCANLON

15 A.D.2d 566 (1961)

The People of the State of New York, Appellant, v. George F. Scanlon, Individually and Doing Business as Sloat and Scanlon, Respondent

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

December 27, 1961

Order reversed on the law and the facts, without costs, and motion denied.

Even if it be assumed, in the light of the decision rendered by the Court of Appeals when it dismissed the appeal from our prior order (6 N.Y.2d 185), that the Special Term in the exercise of its discretion is empowered to amend or modify the judgment as distinguished from vacating it, we believe, nevertheless, that the Special Term improvidently exercised...

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