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DAVIS v. STATE OF NEW YORK

54 A.D.2d 126 (1976)

Donnie Davis, Respondent, v. State of New York, Appellant. (Claim No. 59152.)

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

October 28, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs, Ruth Kessler Toch and Joseph A. Romano of counsel), for appellant.

Meyer, English & Cianciulli, P.C. (James F. Oliviero of counsel), for respondent.

GREENBLOTT, J. P., and REYNOLDS, J., concur with LARKIN, J. SWEENEY and MAHONEY, JJ., concur in the result only in an opinion by MAHONEY, J.

LARKIN, J.

The essential facts are not in dispute. On July 1, 1972, claimant Donnie Davis was arrested on a felony charge. He was thereafter found eligible for youthful offender treatment and so adjudicated on November 28, 1972. He was hired as a guard by the Burns Detective Agency on September 17, 1974. Subsequently, the Division of Licenses of the Department of State, acting upon information supplied by the State Division of Criminal Justice Services...

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