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PEOPLE v. MAYO

36 N.Y.2d 1002 (1975)

The People of the State of New York, Respondent, v. Ann Mayo, Appellant.

Court of Appeals of the State of New York.

Decided June 19, 1975.

Attorney(s) appearing for the Case

Bernard R. Bacharach for appellant.

Carl A. Vergari, District Attorney (James M. Rose and John R. Lacava of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge FUCHSBERG dissents and votes to reverse in a separate opinion in which Judge COOKE concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed. The evidence presented to the Grand Jury, particularly as to the gross discrepancy in the number of toll tickets and the defendant's behavior when confronted by the police, was legally sufficient to support the indictment. (CPL 210.20; People v Dunleavy, 41 A.D.2d 717, affd 33 N.Y.2d 573

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