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PEOPLE v. FARENGA

52 A.D.2d 587 (1976)

The People of the State of New York, Respondent, v. Barclay Farenga, Vincent Nastase and Peter Savino, Appellants

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

April 5, 1976

Judgments and order affirmed.

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

Martuscello, Acting P. J., and Cohalan, J., dissent and vote to reverse the judgments and order, grant the motion, and dismiss the indictment, with the following memorandum:

In our opinion, the facts at bar are so analogous to those in People v Vassallo (46 A.D.2d 781

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