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PEOPLE v. TATE

87 Misc.2d 6 (1976)

The People of the State of New York, Plaintiff, v. Roy W. Tate, Defendant.

Supreme Court, Criminal Term, Suffolk County.

April 30, 1976

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney, for plaintiff. O'Hagan, Reilly & Gorman for defendant.

PAUL T. D'AMARO J.

Upon the close of People's case, the defendant has moved this court to grant a trial order of dismissal.

THE FACTS

On March 15, 1973, at 8:43 P.M., a passenger train of the L.I.R.R., traveling eastward struck the rear of a standing, unattended freight train. One passenger died, and more than a score of others were injured. The defendant, Roy W. Tate, was the engineer of the...

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