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PEOPLE v. AVALIME

63 Misc.2d 834 (1970)

The People of the State of New York, Plaintiff, v. Fred Avalime and Willie Connor, Defendants.

Criminal Court of the City of New York, New York County.

July 13, 1970

Attorney(s) appearing for the Case

Milton Adler and Peter Bark for defendants. Frank S. Hogan, District Attorney (Richard Beckler of counsel), for plaintiff.

ARTHUR H. GOLDBERG, J.

The defendants' application is for a preliminary hearing. The complaint charged criminal mischief (Penal Law, § 145.00) but, on motion of the District Attorney, the charge has been reduced to an attempt (Penal Law, §§ 110.00, 145.00). Defendants contend — erroneously, I believe — that they are nevertheless entitled to a jury trial and also a preliminary hearing.

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