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PEOPLE v. MULVENA

65 A.D.2d 761 (1978)

The People of the State of New York, Respondent, v. William Mulvena, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1978

Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant contends, and the People candidly concede, that the defendant's guilt was not established beyond a reasonable doubt. Since the trial court found that defendant was not acting in concert with his codefendants, and there was neither...

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