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PEOPLE v. KASS

36 Misc.2d 1 (1962)

The People of the State of New York, Plaintiff, v. Samuel Kass, Defendant.

Supreme Court, Special and Trial Term, New York County.

October 1, 1962

Attorney(s) appearing for the Case

Samuel Kass, defendant in person. Frank S. Hogan, District Attorney, for plaintiff.

THOMAS DICKENS, J.

A resettlement of my order, dated and entered on June 21, 1962, for the alleged purpose of laying the foundation of an appeal therefrom, is made the object of this formal motion.

For its support, the contention is raised that "neither [my] opinion [now reported in 35 Misc.2d 449], dated June 12, 1962, nor, the order of June 21, 1962, resolve a prime issue of fact vital to defendant's case...

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