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PEOPLE v. COLLICE

51 A.D.2d 1061 (1976)

The People of the State of New York, Respondent, v. John Collice, Appellant

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

March 29, 1976

Judgment affirmed.

No opinion. This case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5).

Shapiro, J., concurs as to the affirmance of the conviction for possession of a weapon, but otherwise dissents and votes to reverse and grant a new trial as to the remaining counts, with the following memorandum:

I would modify the judgment, on the law and as a matter of discretion in the interest...

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