44 N.Y.2d 482 (1978)

The People of the State of New York, Appellant, v. S. Samuel Di Falco, Respondent.

Court of Appeals of the State of New York.

Decided May 31, 1978.

Attorney(s) appearing for the Case

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

Joseph J. Marcheso and Philip M. Kazin for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

The Special State Prosecutor obtained a two-count indictment from the Grand Jury of the Extraordinary Special and Trial Term of New York County accusing defendant of the misdemeanors of (1) official misconduct and (2) conspiracy to commit official misconduct. The defendant moved in the Appellate Division pursuant to subdivision 2 of section 149 of the Judiciary...

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