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PEOPLE v. O'NEILL

45 A.D.2d 958 (1974)

The People of the State of New York, Appellant, v. Harold O'Neill, Respondent

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

September 23, 1974

On the court's own motion, its decision and order herein, both dated July 29, 1974, are recalled and vacated and a new decision is rendered as follows: Appeal by the People from a trial order of the County Court, Westchester County, made on May 14, 1972, which dismissed the second count of the indictment. Appeal dismissed. The second count of the indictment was dismissed during the trial upon defendant's application. After that...

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