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PEOPLE v. CASIEL

41 N.Y.2d 945 (1977)

The People of the State of New York, Respondent, v. Walter Lee Casiel, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1977.

Attorney(s) appearing for the Case

Charles M. Schutzman for appellant.

Henry F. O'Brien, District Attorney (Mark D. Cohen of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed. In People v Brown (40 N.Y.2d 381), this court interpreted recent rulings of the United States Supreme Court as precluding appeal by the People "from an adverse trial ruling whenever such appeal if resolved favorably for the People might require the defendant to stand retrial — or even if it would then be necessary for the trial court `to make supplemental...

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