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PEOPLE v. MARSHALL

93 Misc.2d 69 (1978)

The People of the State of New York, Appellant, v. Gary E. Marshall, Respondent.

Supreme Court, Appellate Term, Second Department.

January 30, 1978

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Ronald E. Lipetz of counsel), for appellant. D'Amato, Forchelli, Capetola & Melillo (Robert A. Melillo of counsel), for respondent.

Concur: GLICKMAN, P. J., PITTONI and GAGLIARDI, JJ.

MEMORANDUM.

Order of the court below (90 Misc.2d 531) is unanimously reversed on the law, motion to dismiss denied and information reinstated.

The mere failure or inability to produce at trial the article allegedly stolen is not a bar to a larceny conviction (People v Fonville, 72 Misc.2d 785; People v Campbell, ...

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