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PEOPLE v. DUKE

23 N.Y.2d 780 (1968)

The People of the State of New York, Respondent, v. Richard Duke, Appellant. The People of the State of New York, Respondent, v. Carmen Vargas, Appellant. The People of the State of New York, Respondent, v. Clarence Acker, Appellant. The People of the State of New York, Respondent, v. Moses Martinez, Appellant.

Court of Appeals of the State of New York.

Decided December 12, 1968.

Attorney(s) appearing for the Case

Leon B. Polsky and Anthony F. Marra for all appellants.

Frank S. Hogan, District Attorney (Peter F. Schwindt and Michael R. Juviler of counsel), for respondent in first above-entitled action.

Elliott Golden, Acting District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent in second, third and fourth above-entitled actions.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

In each of the first two above-entitled actions: Judgment reversed and the complaint dismissed on the ground the record does not establish appellant is a wayward minor (Code Crim. Pro., § 913-a; People v. Allen, 22 N.Y.2d 465).

In the third above-entitled action: Judgment reversed and the complaint dismissed without prejudice to the filing of a new proceeding addressed to defendant's present status. The record does not...

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