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PEOPLE v. ZAGARINO

74 A.D.2d 115 (1980)

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

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

April 21, 1980

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Jonathan M. Harris of counsel), for appellant.

Stanley A. Schwartz for respondent.

LAZER, MARGETT and O'CONNOR, JJ., concur.

HOPKINS, J. P.

The People appeal from the dismissal during the defendant's trial of two counts of his indictment.1 The dismissal of the two counts was based on the interests of justice (see People v Clayton, 41 A.D.2d 204).

The questions which are presented by this record are (1) whether during the trial Criminal Term should have...

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