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PEOPLE v. STALEY

41 N.Y.2d 789 (1977)

The People of the State of New York, Respondent, v. James Staley, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Joseph A. Shifflett and Nathaniel A. Barrell, Buffalo, for appellant.

Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), Buffalo, for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge GABRIELLI dissents and votes to affirm in a separate opinion.

Chief Judge BREITEL.

Defendant, convicted after a jury trial of unauthorized use of a vehicle (Penal Law, § 165.05), seeks reversal of his conviction and dismissal of the indictment. The Appellate Division affirmed the conviction, one Justice dissenting, and defendant appeals.

Defendant had been arrested and the charges dismissed, without prejudice to presentation to the Grand Jury, at the prosecutor...

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