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PEOPLE v. TYLER

62 A.D.2d 146 (1978)

The People of the State of New York, Appellant, v. Andrew R. Tyler, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 26, 1978

Attorney(s) appearing for the Case

John F. Keenan, Deputy Attorney-General (Thomas A. Duffy, Jr. and Joseph Milano of counsel), for appellant.

Shea Gould Climenko & Casey (Milton S. Gould, Saul S. Streit and Richard F. Czaja of counsel), for respondent.

DAMIANI, J. P., TITONE and SUOZZI, JJ., concur.

O'CONNOR, J.

THE FACTS

In the course of an investigation then being conducted by the Special Prosecutor, the respondent, a Justice of the Supreme Court, appeared, on request, before the Extraordinary and Special Grand Jury for New York County.

One part of respondent's examination concerned his issuance of an order releasing on parole one Foster Simmons from the Rikers Island Detention Center...

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