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PEOPLE v. TYLER

46 N.Y.2d 264 (1978)

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

Court of Appeals of the State of New York.

Decided December 20, 1978.

Attorney(s) appearing for the Case

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

Milton S. Gould, Saul S. Streit and Richard F. Czaja for respondent.

Judges GABRIELLI, FUCHSBERG and COOKE concur in a memorandum; Judge JONES concurs in a separate opinion in which Judge WACHTLER concurs; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged in an indictment with the crimes of issuing a false certificate (Penal Law, § 175.40) and official misconduct (Penal Law, § 195.00). In a joint decision and order, Trial Term listed five issues presented for determination, one of which was whether the interests of justice required dismissal of the indictment. It found...

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