Appeal from the order dated April 27, 1978 dismissed. No appeal lies from an order denying a motion to reargue. Order dated March 30, 1978 reversed, on the law, and indictment reinstated.
We hold that Criminal Term erred in concluding that "There is no showing in the evidence presented that there was a firm limitation at $1,295 thereby categorizing excess payments as larcenous". Review of the Grand Jury testimony of Robert Schmidt indicates unequivocally that any...
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