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PEOPLE v. DI FALCO

54 A.D.2d 218 (1976)

The People of the State of New York, Plaintiff, v. S. Samuel Di Falco, Defendant

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

November 4, 1976

Attorney(s) appearing for the Case

Joseph J. Marcheso (Philip M. Kazin with him on the brief), for defendant.

John F. Keenan, Deputy Attorney-General, Special State Prosecutor (Michael D. Brown and Marcy L. Kahn with him on the brief), for plaintiff.

STEVENS, P. J., MARKEWICH, LANE, NUNEZ and LYNCH, JJ., concur.

Per Curiam.

The Special State Prosecutor's office has obtained a two-count indictment from the Grand Jury of the Extraordinary Special and Trial Term of New York County charging defendant with official misconduct and conspiracy to commit official misconduct. After a grant of permission, the defendant has moved before this court (under Judiciary Law, § 149, subd 2) to dismiss the indictment.

The motion...

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