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PEOPLE v. DANCHAK

24 A.D.2d 685 (1965)

The People of the State of New York, Appellant, v. John Danchak et al., Respondents, et al., Defendants

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

July 13, 1965

GIBSON, P. J.

The People do not appeal from that part of the order which dismissed the indictment as to defendant David Danchak. The defendants John Heib and John Danchak, Jr., take no appeal from that part of the order which denied their motion to dismiss; but are the petitioners in a proceeding commenced in this court under article 78 of the CPLR to restrain further prosecution under the indictment; such proceeding being decided herewith (Matter...

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