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THOMAS v. STATE

46 N.Y.2d 1043 (1979)

Robert Thomas, Appellant, v. State of New York, Respondent. (Claim No. 60123.)

Court of Appeals of the State of New York.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Harold A. Seidenberg for appellant.

Robert Abrams, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge JASEN dissents and votes to affirm in a separate opinion.

MEMORANDUM.

From our review of the facts disclosed by the record (see NY Const, art VI, § 3, subd a; CPLR 5501, subd [b]), and for the reasons stated in the opinion of Judge DOROTHEA E. DONALDSON in the Court of Claims and the dissenting opinion of Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division, we conclude that in this case the weight of the evidence supports the determination reached by the Court of Claims...

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