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PEOPLE v. WHEATMAN

34 A.D.2d 3 (1970)

The People of the State of New York, Respondent, v. Nathan Wheatman, Appellant

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

March 26, 1970.

Attorney(s) appearing for the Case

Irving Anolik for appellant.

Lewis R. Friedman of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

CAPOZZOLI and TILZER, JJ., concur with McNALLY, J.; NUNEZ, J., dissents in opinion in which EAGER, J. P., concurs.

McNALLY, J.

On the application of the District Attorney during the February 1970 Term, we granted reargument of the appeal with reference to defendant Wheatman (33 A.D.2d 1107). The judgments of conviction herein were previously reversed on the law, and a new trial directed, Justices McNALLY and TILZER dissenting, (33 A.D.2d 67) and voting...

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