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PEOPLE v. GAROFALO

75 A.D.2d 980 (1980)

The People of the State of New York, Appellant, v. Frank S. Garofalo, Respondent

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

May 30, 1980

Motion by appellant for reargument and reconsideration of decision dated July 26, 1979 [71 A.D.2d 782] granted. Order entered August 8, 1979 vacated. Upon reargument, we adhere to our original determination dismissing the People's appeal.

Herlihy, J., concurs in the granting of reargument but votes to reverse the order appealed from for the reasons stated in his dissenting opinion dated...

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