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PEOPLE v. MONTANEZ

47 A.D.2d 932 (1975)

The People of the State of New York, Respondent, v. Peter Montanez, Appellant

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

April 21, 1975

Judgment affirmed.

No opinion.

Shapiro, J., dissents and votes to reverse the judgment and dismiss the indictment, with the following memorandum:

The circumstantial proof adduced by the People did not establish defendant's guilt beyond a reasonable doubt. Were I not voting to dismiss, I would, in any event, vote for a new trial on the ground that, by the improper introduction of highly extraneous matter of an inflammable character, defendant...

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