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PEOPLE v. ROSENBERG

45 N.Y.2d 251 (1978)

The People of the State of New York, Appellant, v. Theodore Rosenberg, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

John F. Keenan, Deputy Attorney-General, Special State Prosecutor (Mark M. Baker and Thomas A. Duffy, Jr., of counsel), for appellant.

Jeffrey D. Ullman for respondent.

Chief Judge BREITEL and Judges JONES and WACHTLER concur with Judge GABRIELLI; Judge FUCHSBERG concurs in a separate opinion in which Judges JASEN and COOKE concur.

GABRIELLI, J.

The People appeal by permission of an Associate Judge of this court from an order of the Appellate Division granting defendant's motion, purportedly made pursuant to subdivision 2 of section 149 of the Judiciary Law, seeking to prohibit the Special Prosecutor from continuing the prosecution of defendant Rosenberg for attempted grand larceny in the second degree. For the reasons discussed below,...

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