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PEOPLE v. HERTZ

77 A.D.2d 885 (1980)

The People of the State of New York, Respondent, v. Allen Hertz, Appellant

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

August 4, 1980

Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

The facts in this case arise out of what, in essence, had been an intrafamily dispute. The complainant, defendant's wife at the time of the commission of the alleged offense, had separated from defendant and in November, 1976, she obtained a Family Court order of protection. In December, 1976, defendant was arrested...

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