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PEOPLE v. BELL

48 N.Y.2d 913 (1979)

The People of the State of New York, Respondent, v. Richard Bell, Appellant.

Court of Appeals of the State of New York.

Decided December 13, 1979.

Attorney(s) appearing for the Case

Patrick M. Wall for appellant.

Roderick C. Lankler, Deputy Attorney-General, Special State Prosecutor (Michael Shapiro and Mark M. Baker of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's convictions vacated, and the case remitted to Supreme Court for further proceedings on the indictment.

For purposes of the disposition of the present appeal it suffices to address a single issue not considered by the Appellate Division or by our court on the prior appeals from defendant's convictions at his first trial (

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