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PEOPLE v. NUNEZ

74 A.D.2d 652 (1980)

The People of the State of New York, Respondent, v. Aliro R. Nunez, Appellant

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

February 25, 1980

Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

No findings of fact were presented for review. The instant proceeding is barred because the acts upon which it is based were or could have been received as proof of the conspiracy for which appellant was previously prosecuted. (See People...

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