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PEOPLE v. LEVY

47 A.D.2d 12 (1975)

The People of the State of New York, Respondent, v. Norman Levy and John Fratianni, Appellants

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

February 24, 1975.

Attorney(s) appearing for the Case

James M. LaRossa (Alan M. Dershowitz and Gerald L. Shargell of counsel), for Norman Levy, appellant.

Joseph E. Brill (Henry J. Boitel of counsel), for John Fratianni, appellant.

Maurice H. Nadjari, Deputy Attorney-General (Barry M. Fallick, Bennett L. Gershman and Allen G. Swan of counsel), for respondent.

COHALAN, Acting P. J., BRENNAN, MUNDER and SHAPIRO, JJ., concur in Per Curiam opinion; BENJAMIN, J., concurs in the reversal, but otherwise dissents and votes to dismiss the indictment, with an opinion.

Per Curiam.

The defendants appeal from judgments of the Extraordinary Special and Trial Term of the Supreme Court, Kings County, rendered March 20, 1974, convicting them of conspiracy in the fourth degree, tampering with public records in the second degree and obstructing governmental administration, upon a jury verdict, and sentencing them on all the counts to concurrent terms of 90 days' imprisonment. We reverse the...

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