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PEOPLE v. KELLY

44 N.Y.2d 725 (1978)

The People of the State of New York, Respondent, v. Samuel Kelly, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1978.

Attorney(s) appearing for the Case

Lewis R. Friedman, Herman Kaufman and Jack T. Litman for appellant.

Mario Merola, District Attorney (Edward G. Spell and Alan D. Marrus of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed on the opinion of Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division (60 A.D.2d 220

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