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PEOPLE v. MACKELL

40 N.Y.2d 59 (1976)

The People of the State of New York, Appellant, v. Thomas J. Mackell, James D. Robertson, and Frank R. Di Paola, Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1976.

Attorney(s) appearing for the Case

Maurice H. Nadjari, Deputy Attorney-General, Special State Prosecutor (Bennett L. Gershman and Allen G. Swan of counsel), for appellant.

Charles S. Desmond and Robert J. McGuire for Thomas J. Mackell and James D. Robertson, respondents.

Allan Sturim for Frank R. Di Paola, respondent.

Judges GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Chief Judge BREITEL concurs in a separate opinion in which Judges FUCHSBERG and COOKE also concur; Judge JASEN dissents and votes to reverse in another separate opinion.

FUCHSBERG, J.

The defendants were convicted, at an Extraordinary Special and Trial Term of the Supreme Court, of conspiracy in the fourth degree, hindering prosecution in the third degree and official misconduct. On appeal, the Appellate Division, finding that the evidence was legally insufficient, unanimously reversed, expressly stating it did so on the law and the facts, and dismissed the indictment (

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