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PEOPLE v. JACK

85 Misc.2d 299 (1975)

The People of the State of New York, Respondent, v. Alexander H. Jack, Appellant.

Supreme Court, Appellate Term, Second Department.

December 11, 1975

Attorney(s) appearing for the Case

James J. McDonough, Matthew Muraskin and Harry D. Hersh for appellant. Denis Dillon, District Attorney (William C. Donnino and Steven R. Bernhard of counsel), for respondent.

Concur: HOGAN, P. J., GLICKMAN and FARLEY, JJ.

MEMORANDUM.

Judgment of conviction unanimously reversed on the law and in the exercise of discretion in the interest of justice and new trial ordered.

Defendant was indicted for grand larceny in the third degree and burglary in the third degree. After a nonjury trial, he was convicted of criminal trespass in the third degree in violation of section 140.10 of the Penal Law, a class B misdemeanor. The defendant was charged in a multiple count indictment and...

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