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PEOPLE v. DIAZ

54 N.Y.2d 967 (1981)

The People of the State of New York, Respondent, v. Cruz Diaz, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1981.

Attorney(s) appearing for the Case

Donald E. Nawi for appellant.

Robert M. Morgenthau, District Attorney (Marc Frazier Scholl and Mark Dwyer of counsel), for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order affirmed for reasons stated in the majority memorandum at the Appellate Division (77 A.D.2d 523). We additionally note that defendant's claim that the Assistant District Attorney who tried this case should not have been permitted to do so was not preserved...

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