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PEOPLE v. DWIGHT S.

29 N.Y.2d 172 (1971)

The People of the State of New York, Respondent, v. Dwight S. (Anonymous), Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1971.

Attorney(s) appearing for the Case

G. Jeffery Sorge, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Judges BREITEL, JASEN and GIBSON concur with Judge SCILEPPI; Chief Judge FULD and Judges BURKE and BERGAN dissent and vote to reverse on the dissenting opinion at the Appellate Division.

SCILEPPI, J.

Defendant appeals from a judgment adjudicating him a youthful offender upon his plea of guilty to acts, which, if committed by an adult, would constitute the crime of reckless endangerment in the second degree.

Firstly, for the reasons stated in the majority opinion at the Appellate Division (People v. Dwight S. [Anonymous], 33 A.D.2d 1032), there...

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