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PEOPLE v. DLUGASH

51 A.D.2d 974 (1976)

The People of the State of New York, Respondent, v. Melvin Dlugash, Appellant

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

March 1, 1976

Judgment reversed, on the law, and indictment dismissed.

Defendant was charged, in a one-count indictment, with the crime of murder. The indictment alleged that "defendant, acting in concert with another person actually present, on or about December 22, 1973 * * * with intent to cause the death of Michael Lawrence Geller, caused [his] death * * * by means of a deadly weapon, to wit: a loaded firearm". The prosecution's theory...

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