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PEOPLE v. COOK

42 A.D.2d 20 (1973)

The People of the State of New York, Respondent, v. Joseph Harold Cook, Appellant

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

June 7, 1973.

Attorney(s) appearing for the Case

Bertram J. Dube for appellant.

Philip A. Berke, District Attorney, for respondent.

MAIN and REYNOLDS, JJ., concur with HERLIHY, P. J.; GREENBLOTT and COOKE, JJ., dissent and vote to reverse in an opinion by GREENBLOTT, J.

HERLIHY, P. J.

This is an appeal from a judgment of the County Court of Washington County, rendered October 24, 1972, convicting defendant of reckless endangerment in the first degree and imposing a sentence of two and one-third years to seven years upon his plea of guilty.

The defendant, on September 20, 1972, was arraigned in the Supreme Court on an indictment which charged him with one count of reckless endangerment committed on April 16, 1972...

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