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PEOPLE v. MACKEY

49 N.Y.2d 274 (1980)

The People of the State of New York, Respondent, v. Herbert E. Mackey, Appellant.

Court of Appeals of the State of New York.

Decided January 10, 1980.

Attorney(s) appearing for the Case

Stephen R. Mahler for appellant.

John J. Santucci, District Attorney (William Schrager of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and WACHTLER concur with Judge MEYER; Judge FUCHSBERG dissents in part and votes to modify in a separate opinion in which Judge JASEN concurs.

MEYER, J.

Presented by this appeal are questions concerning the right to a bill of particulars with respect to a charge of burglary and of whether Sandoval1 rulings by both the pretrial Judge and the Trial Judge improperly denied defendant the possibility of testifying in his own behalf. For the reasons set forth below, we conclude...

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