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MATTER OF ALPERT

15 N.Y.2d 937 (1965)

In the Matter of Harry L. Alpert, Appellant. District Attorney of Oswego County, Respondent.

Court of Appeals of the State of New York.

Decided March 18, 1965.

Attorney(s) appearing for the Case

John E. Shaffer and Joseph A. Volotta for appellant.

John R. Murray, District Attorney, for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur in MEMORANDUM; Judge VAN VOORHIS dissents in part in a separate memorandum.

MEMORANDUM:

The order of the Appellate Division dismissing the appeal from the order of Special Term denying the motion of petitioner should be modified by affirming so much thereof as dismisses the appeal relating to the examination of Lenore Marie Custodero and reversing so much thereof as dismisses the appeal relating to the examination of Ann "Doe". As to the former a criminal proceeding was pending before the Magistrate...

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