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PEOPLE v. WARNER-LAMBERT CO.

69 A.D.2d 265 (1979)

The People of the State of New York, Appellant, v. Warner-Lambert Company, Doing Business Under the Name of Warner-Lambert Co., American Chicle Division, Arthur Kraft, Ed Harris, James O'Mahoney and John O'Rourke, Respondents

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

July 9, 1979

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Thomas A. Demakos and Charles N. Walsh of counsel), for appellant.

Mudge Rose Guthrie & Alexander (John P. Hederman, Leonard Garment, William P. Laino and William J. Brennan of counsel), and Schulte & McGoldrick (Robert Kasanof of counsel), for Warner-Lambert Company, respondent.

Andrew M. Lawler, Jr. (Dennis E. Milton of counsel), for James O'Mahoney and another, respondents.

Arkin & Arisohn, P. C. (Stanley S. Arkin, Mark S. Arisohn and Arthur T. Cambouris of counsel), for Arthur Kraft and another, respondents.

LAZER, GULOTTA and SHAPIRO, JJ., concur in Per Curiam opinion; SUOZZI, J. P., concurs as to the dismissal of the appeal from the order dated February 15, 1978, but otherwise dissents and votes to affirm the order dated July 26, 1978 insofar as appealed from, with an opinion, in which O'CONNOR, J., concurs.

Per Curiam.

This is an appeal by the People (1) from an order of the Supreme Court, Queens County, dated February 15, 1978, which granted the defendants' omnibus motion, inter alia, to inspect the Grand Jury minutes and, upon inspection, dismissed the indictment against them, and (2) from so much of a further order of the same court, dated July 26, 1978, as upon reargument, adhered to its original determination...

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