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  5. 47 A.D.2d 209 (1975)
 

PEOPLE v. MACKELL

47 A.D.2d 209 (1975)

The People of the State of New York, Respondent, v. Thomas J. Mackell, James D. Robertson and Frank R. Di Paola, Appellants

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

March 28, 1975

Attorney(s) appearing for the Case

Charles S. Desmond and McGuire & Lawler for Thomas J. Mackell, appellant.

Joseph W. Bellacosa for James D. Robertson, appellant.

Sturim & Nizin (Allan Sturim of counsel), for Frank R. Di Paola, appellant.

Maurice H. Nadjari, Deputy Attorney-General, Special State Prosecutor (Bennett L. Gershman, Allen G. Swan, Barry M. Fallick and Louis A. Perez, Jr., of counsel), for respondent.

MARTUSCELLO, Acting P.J., COHALAN, CHRIST, BRENNAN and BENJAMIN, JJ., concur in Per Curiam opinion; BENJAMIN, J., with a separate concurring opinion.

Per Curiam.

The defendants appeal from judgments of the Extraordinary Special and Trial Term of the Supreme Court, Queens County, rendered April 22, 1974, convicting them of conspiracy in the fourth degree (two counts), hindering prosecution in the third degree (two counts) and official misconduct (two counts), upon a jury verdict, and sentencing each of them to a term of six months upon each count of hindering prosecution...

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