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PEOPLE v. SMITH

34 A.D.2d 524 (1970)

The People of the State of New York, Respondent, v. Thomas K. Smith, Appellant

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

March 12, 1970

Judgment affirmed.

McGivern, J., dissents in the following memorandum:

This is the second trial of this defendant. Originally indicted in a 70-count indictment, on the first trial all counts were dismissed save 11, two for "excess payments" and nine for "the record-keeping" statute. The jury was unable to agree on any of them. Tried again, the result was a verdict of guilty in respects of seven of the "record-keeping" counts, and once again, the...

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