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PEOPLE v. WHITFIELD

35 A.D.2d 918 (1970)

The People of the State of New York v. Harry Whitfield

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

December 1, 1970

The Special Referee having reported that a proper and adequate record on appeal cannot now be presented, the report is confirmed and the judgment of conviction by resentence of May 8, 1970, nunc pro tunc as of January 14, 1947 (People v. Montgomery, 24 N.Y.2d 130), is summarily reversed and a new trial directed (see Code Crim. Pro., § 456; People v. Himmel, 10 A.D.2d 622 and...

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