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PEOPLE v. DAVIS

40 N.Y.2d 835 (1976)

The People of the State of New York, Appellant, v. Solomon Davis, Respondent.

Court of Appeals of the State of New York.

Decided September 14, 1976.

Attorney(s) appearing for the Case

Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), for appellant.

Peter L. Yellin, Public Defender (Andrew C. Fine of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI and JONES. Judges WACHTLER, FUCHSBERG and COOKE concur on constraint of People v Patterson ().

Order reversed on authority of People v Patterson (39 N.Y.2d 288) and the case remitted to the Appellate Division, Fourth Department, for review of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]). On other questions of law raised by defendant there was no prejudice, assuming...

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