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PEOPLE v. RIFORGIATO

19 A.D.2d 132 (1963)

The People of the State of New York, Appellant, v. Anthony Riforgiato, Respondent In the Matter of Carman F. Ball, Petitioner, v. William B. Lawless et al., Respondents

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

July 1, 1963.

Attorney(s) appearing for the Case

Carman F. Ball, District Attorney (Leonard F. Walentynowicz of counsel), for appellant and petitioner.

Condon, Klocke, Ange & O'Donnell (John W. Condon, Jr., and Grace Marie Ange of counsel), for Anthony Riforgiato, respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN and HENRY, JJ., concur in Per Curiam opinion; HALPERN, J., concurs in a separate opinion.

Per Curiam.

Special Term made an order vacating a judgment of conviction entered on November 27, 1929 and directed resentence of respondent. The People appealed from that order but being uncertain of such right to appeal also commenced a proceeding in the nature of prohibition pursuant to the provisions of article 78 of the Civil Practice Act. The order was appealable as a matter of right. Respondent's reliance upon...

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