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PEOPLE v. FELLMAN

42 A.D.2d 764 (1973)

The People of the State of New York, Appellant, v. Raymond Fellman, Respondent

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

July 23, 1973

Appeal by the People from a trial order of dismissal rendered November 10, 1971, by the Supreme Court, Suffolk County, at the end of the People's case upon a nonjury trial. Christ, J., votes to affirm, with a memorandum, in which Rabin, P.J., concurs; Hopkins, J., votes to reverse and to order a new trial, with a memorandum, in which Martuscello, J., concurs; and Munder, J., votes to dismiss the appeal, with a memorandum.

Christ, J.

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