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PEOPLE v. HOLMES

52 A.D.2d 629 (1976)

The People of the State of New York, Respondent, v. Larry Holmes, Also Known as Larry Lumpkin, Appellant

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

April 19, 1976

Judgment reversed, on the law and the facts, motion granted, and indictment dismissed (see People v Ingle, 36 N.Y.2d 413).

We find no merit in respondent's contention that the decision in People v Ingle (supra) should be applied prospectively only, as we do not read that case as announcing any new principles of constitutional law. Instead, Ingle merely applied the dictates of Terry v Ohio (

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