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PEOPLE v. DE MINO

29 N.Y.2d 602 (1971)

The People of the State of New York, Respondent, v. Boldassaro De Mino, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Joel Berger and Robert Kasanof for appellant.

Eugene Gold, District Attorney (Aaron Nussbaum of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order affirmed in the following memorandum: There was no showing of actual prejudice beyond the fact of the retrial itself, to which the defense — differing from that in Price v. Georgia (398 U.S. 323) — interposed no objection (see People ex rel. Williams v. Follette, 30 A.D.2d 693, affd. 24 N.Y.2d 949; People ex rel. Elias v. Follette

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