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PEOPLE v. BROWN

48 A.D.2d 95 (1975)

The People of the State of New York, Appellant, v. King Brown, Respondent

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

May 15, 1975

Attorney(s) appearing for the Case

Hugh Anthony Levine of counsel (T. James Bryan with him on the brief; Robert M. Morgenthau, District Attorney), for appellant.

Susan E. Hofkin of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for respondent.

STEVENS, P. J., MARKEWICH and LUPIANO, JJ., concur with CAPOZZOLI, J.; NUNEZ, J., concurs in a separate opinion.

CAPOZZOLI, J.

We are unanimous in holding that the appeal should be dismissed for the cogent reasons expressed in the opinion of Mr. Justice NUNEZ.

However, we do not agree with Mr. Justice NUNEZ that the trial court was correct in dismissing the indictment. In view of our disposition of the appeal, there is no need to pass upon the propriety of the action of the trial court in dismissing the indictment...

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