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PEOPLE v. RIVERA

45 N.Y.2d 989 (1978)

The People of the State of New York, Respondent, v. Angel Rivera, Appellant.

Court of Appeals of the State of New York.

Decided November 28, 1978.

Attorney(s) appearing for the Case

Steven G. Eckhaus, Milton M. Rosenberg and Arthur M. Unterman for appellant.

Mario Merola, District Attorney (Edward G. Spell and Steven R. Kartagener of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division (58 A.D.2d 147), except to note that the averments in the attorney's affidavit are more properly admissible under the rule governing "informal judicial admissions" described in section 217 of Richardson on Evidence (10th ed) rather than the rule governing "formal judicial admissions" described by Richardson...

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