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PEOPLE v. ALBANESE

29 A.D.2d 516 (1967)

The People of the State of New York, Respondent, v. Philip Albanese, Appellant

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

December 5, 1967

When the original appeal in this case was before us this court decided that the defendant was entitled to reversal and a new trial as a matter of law (27 A.D.2d 820). The Court of Appeals reversed our determination, stating that "in reviewing the fairness of the trial and in the exercise of a sound discretion in consideration of the facts, the Appellate Division may be justified in directing a new trial", and remitted the matter to this...

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