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PEOPLE v. CALCASOLA

80 Misc.2d 429 (1975)

The People of the State of New York, Respondent, v. Charles Calcasola, Appellant.

Supreme Court, Appellate Term, Second Department.

January 17, 1975

Attorney(s) appearing for the Case

John F. Middlemiss, Jr. (Leon J. Kesner and Wolodymyr R. Sulzynsky of counsel), for appellant. Henry G. Wenzel, III, District Attorney (Kevin J. Crowley of counsel), for respondent.

HOGAN, P. J., and GLICKMAN, J., concur in a memorandum; GAGLIARDI, J., dissents in a separate memorandum.

MEMORANDUM.

Judgment of conviction affirmed.

While we normally would have affirmed the conviction herein on the opinion of the court below (see People v. Calcasola, 76 Misc.2d 39), in view of our subsequent decision in People v. Van Tuyl (79 Misc.2d 262), clarification of the facts is necessary in order to demonstrate that the cases are distinguishable. In the present...

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