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PEOPLE v. MILLER

17 N.Y.2d 559 (1966)

The People of the State of New York, Appellant, v. Edward Stanley Miller, Respondent. The People of the State of New York, Appellant, v. Joseph T. Quinones, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1966.

Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney, and Nat H. Hentel, successor District Attorney (Benj. J. Jacobson of counsel), for appellant.

Edward S. Moore, III, and Anthony F. Marra for respondents.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order reversed (People v. Trombino, 238 App. Div. 61, affd. 262 N.Y. 689; People v. Mancini, 7 A.D.2d 640, affd. 6 N.Y.2d 853), and case remitted to the Appellate Division for determination of questions of fact in accordance with section 543-b of the Code of Criminal Procedure (People v. Rossi, 11 N.Y.2d 379

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