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PEOPLE v. LO PINTO

27 A.D.2d 63 (1966)

The People of the State of New York, Appellant, v. John Lo Pinto, Respondent

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

December 30, 1966.

Attorney(s) appearing for the Case

Richard B. Thaler, District Attorney (Richard I. Mulvey and Robert J. Clune with him on the brief), for appellant.

Paul R. Shanahan and Bruce G. Dean for respondent.

HERLIHY and BRINK, JJ., concur with STALEY, JR., J.; GIBSON, P. J., concurs in result, in opinion, in which REYNOLDS, J., concurs.

STALEY, JR., J.

This is an appeal from a judgment of the County Court of Tompkins County entered on the 29th day of April, 1966, which dismissed the indictment in its entirety against the respondent on demurrer.

Respondent was indicted and charged with violations of the Penal Law as follows: (1) subdivisions 2 and 3 of the first part of section 889 (two counts of forgery, third degree, a felony); (2) section...

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