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PEOPLE v. BAKER

39 N.Y.2d 923 (1976)

The People of the State of New York, Respondent, v. Edwin Baker, Appellant.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Harvey L. Greenberg for appellant.

Eugene Gold, District Attorney (Suzan Picariello and Mark M. Baker of counsel), for respondent.

Concur: Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE, Chief Judge BREITEL concurs in part and dissents in part and votes to reverse and dismiss the indictment in the following opinion in which Judge JASEN concurs.

Order reversed and case remitted to the Appellate Division, Second Department, with directions that the appeal to that court be dismissed (People v Brown, 40 N.Y.2d 381, decided herewith).

Chief Judge BREITEL, (concurring in part).

There is no need to reach the constitutional question for, on independent grounds, the trial court correctly dismissed the indictment...

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