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PEOPLE v. GENTILE

20 A.D.2d 412 (1964)

The People of the State of New York, Appellant, v. Joseph Gentile, Louis Falco (Also Known as Peter Como), Rudolph De Luca, Anthony Sasso and Averio Santora, Respondents

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

March 10, 1964.

Attorney(s) appearing for the Case

Alan Frederick Leibowitz of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Joseph Aronstein for Gentile, Falco and De Luca, respondents.

Peter J. Peluso for Sasso and Santora, respondents.

BOTEIN, P. J., BREITEL, RABIN and EAGER, JJ., concur.

STEVENS, J.

There are two orders involved in this appeal. Each order dismissed an indictment as the result of a motion to inspect the Grand Jury minutes or alternatively to dismiss the indictment. One, entered September 17, 1962, involves defendants Gentile, Falco and De Luca. The other, entered October 15, 1962, applies to defendants Sasso and Santora. The indictments arose out of a single common incident, and...

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