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PEOPLE v. FOGLER

37 N.Y.2d 823 (1975)

The People of the State of New York, Respondent, v. Samuel Fogler, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1975.

Attorney(s) appearing for the Case

J. Byron O'Connell for appellant.

Ara Asadourian, District Attorney (Norman J. Dame of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order reversed and the indictment dismissed on the dissenting memorandum by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division (45 A.D.2d 909

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