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PEOPLE v. DAILEY

48 A.D.2d 956 (1975)

The People of the State of New York, Respondent, v. Alfred Dailey, Appellant

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

June 12, 1975

This appeal was previously before this court and the pertinent facts are set forth in our opinion (45 A.D.2d 910) wherein we upheld the validity of the sentence imposed upon defendant, pursuant to subdivision 2 of section 70.00 of the Penal Law, on the authority of People v Messinger (43 A.D.2d 15, affd 35 N.Y.2d 987). At that time we withheld a final determination...

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