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HEROLD v. STATE

15 A.D.2d 835 (1962)

Frederick Herold, Appellant, v. State of New York, Respondent

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

February 20, 1962

At a previous trial of the same case the State rested without introducing any evidence. At the close of claimant's case the Court of Claims granted a motion dismissing the claim. On appeal to this court (8 A.D.2d 921), the judgment of dismissal was reversed and a new trial ordered on a unanimous holding that the claimant had established a prima facie case. Upon the retrial the record on appeal in the previous trial was received in evidence...

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