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PEOPLE v. GARCIA

72 A.D.2d 356 (1980)

The People of the State of New York, Respondent, v. Manuel Garcia, Appellant

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

February 7, 1980

Attorney(s) appearing for the Case

Philip L. Weinstein of counsel (William E. Hellerstein, attorney), for appellant.

Robert J. Carlucci of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney), for respondent.

KUPFERMAN, J. P., and BLOOM, J., concur with BIRNS, J.; FEIN and SANDLER, JJ., dissent in an opinion by SANDLER, J.

BIRNS, J.

We would affirm the convictions of the defendant. With our dissenting colleagues, we share the same constant concern that each defendant in a criminal case should receive a fair trial. We cannot agree, however, with the dissenters' conclusion that the convictions of this defendant should be reversed because of "the pervasively unfair character of the District

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