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PEOPLE v. McALLISTER

77 Misc.2d 142 (1974)

The People of the State of New York, Plaintiff, v. Michael McAllister, Defendant.

Criminal Court of the City of New York, Kings County.

January 28, 1974

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Daniel John Penofsky of counsel), for plaintiff. William Gallagher and Steven Z. Kronovet for defendant.

MILTON SHALLECK, J.

OLIVER WENDELL HOLMES once wrote, in dissent: "I do not suppose that civilization will come to an end whichever way this case is decided. But as the reasoning which prevails in the mind of the majority does not convince me * * * I think it proper to express my views."1 So here. A most respected and able colleague has already impressively spoken on the subject...

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