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PEOPLE v. OHLSTEIN

44 N.Y.2d 896 (1978)

The People of the State of New York, Appellant, v. Irving Ohlstein, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Richard H. Girgenti, Peter L. Zimroth and Robert M. Pitler of counsel), for appellant.

Herald Price Fahringer and Barbara J. Davies for respondent.

Concur: Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG. Judges JASEN, GABRIELLI and COOKE dissent and vote to reverse on the dissenting opinion by Mr. Justice HAROLD BIRNS at the Appellate Division (54 AD2d, at pp 114-118).

Order affirmed on the Per Curiam opinion at the Appellate Division (54 A.D.2d 109

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