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PEOPLE v. SPEACH

49 A.D.2d 210 (1975)

The People of the State of New York, Respondent, v. Ernest W. Speach, Appellant

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

October 31, 1975

Attorney(s) appearing for the Case

Paul R. Shanahan for appellant.

Jon K. Holcombe, District Attorney (John A. Cirando and James D. Lantier of counsel), for respondent.

CARDAMONE, MAHONEY, GOLDMAN and WITMER, JJ., concur.

MOULE, J. P.

The principal question presented on this appeal is whether a municipal official, charged under the same indictment with violating sections 801 and 805 of the General Municipal Law, conflict of interest, and sections 803 and 805 of the General Municipal Law, failure to disclose an interest, may properly be acquitted of the former but convicted of the latter when the second charge is based in part...

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