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PEOPLE v. RASERO

62 A.D.2d 845 (1978)

The People of the State of New York, Appellant, v. Mario Rasero, Respondent

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

June 20, 1978

Attorney(s) appearing for the Case

Alan D. Marrus of counsel (Thomas Geller with him on the brief; Mario Merola, District Attorney), for appellant.

Bernard Jay Coven, P. C., for respondent.

MARKEWICH and SULLIVAN, JJ., concur with FEIN, J.; BIRNS, J. P., dissents in an opinion.

FEIN, J.

The People appeal from an order rendered April 8, 1976, after a nonjury trial in Supreme Court, Bronx County, which granted defendant's motion to dismiss an indictment charging defendant police officer Mario Rasero (Rasero) with three counts of perjury in the first degree. Dismissal was predicated solely on the ground of collateral estoppel, after the trial court had found defendant guilty of all three...

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