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PEOPLE v. FITZGERALD

62 A.D.2d 885 (1978)

The People of the State of New York, Appellant, v. Michael Fitzgerald, Respondent

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

July 3, 1978

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (B. Anthony Morosco of counsel), for appellant.

Keegan, Keegan & Tully (Andrew W. Tully, Jr., of counsel), for respondent.

TITONE, J. P., RABIN and O'CONNOR, JJ., concur.

SHAPIRO, J.

This is an appeal by the People from so much of an order of the County Court, Westchester County, as, upon reargument, adhered to the prior determination which dismissed two counts of the indictment, one count charging criminally negligent homicide with respect to the death of one Cara Pollini, and one count charging assault in the third degree with respect to injuries sustained by one Susan Bassett...

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