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PEOPLE v. ELDRIDGE

31 N.Y.2d 820 (1972)

The People of the State of New York, Respondent, v. Bruce G. Eldridge, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1972.

Attorney(s) appearing for the Case

Leslie A. Bradshaw for appellant.

Jack B. Lazarus, District Attorney (Lloyd H. Butterfield of counsel), for respondent.

Judges BURKE, SCILEPPI, BREITEL and GIBSON concur in memorandum; Judge BERGAN dissents and votes to reverse and to reinstate the appeal to the County Court in a separate opinion in which Chief Judge FULD and Judge JASEN concur.

MEMORANDUM.

The Court of Appeals customarily declines to review the type of discretion exercised by the intermediate appellate court in this case (People v. Evans, 26 N.Y.2d 681; People v. Sanchez, 298 N.Y. 923; Cohen and Karger, Powers of the New York Court of Appeals, pp. 720-721, 745). The dismissal is not attributable to the defendant's indigence, requiring us to relax...

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