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PEOPLE v. O'ROURKE

83 Misc.2d 51 (1975)

The People of the State of New York, Plaintiff, v. Stephen O'Rourke and Robert Greene, Defendants.

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

July 28, 1975

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (John Mullady of counsel), for plaintiff. Austen D. Canade for Stephen O'Rourke, defendant.

MAX H. GALFUNT, J.

This appears to be a case of first impression as to the interpretation of CPL 160.10 (subd 1, par [b]).

The defendant, Stephen O'Rourke, was found guilty of overdriving, torturing and injuring animals, a violation of section 353 of the Agriculture and Markets Law.

Defendant O'Rourke was subsequently sentenced to a $100 fine or 30 days in jail (with the fine subsequently paid...

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