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PEOPLE v. MANFRE

39 N.Y.2d 907 (1976)

The People of the State of New York, Appellant, v. Pasquale Manfre and Louis Pepitone, Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1976.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Robert J. Hume, III, of counsel), for appellant.

John Nicholas Iannuzzi for respondents.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to reverse on the dissenting opinion by Mr. Justice VINCENT A. LUPIANO at the Appellate Division.

Orders affirmed for the reasons stated in the majority opinion by Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division (48 A.D.2d 135

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