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PEOPLE v. ROSE

33 N.Y.2d 832 (1973)

The People of the State of New York, Respondent, v. Allen Rose, Appellant.

Court of Appeals of the State of New York.

Decided December 27, 1973.

Attorney(s) appearing for the Case

Margaret M. Hill for appellant.

Mario Merola, District Attorney (Barbara J. Crum Neale of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

Order reversed and case remitted to Supreme Court, Bronx County, for a hearing (see People v. Callaway, 24 N.Y.2d 127, and People v. Montgomery, 24 N.Y.2d 130

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