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PEOPLE v. BRIAN J. P.

108 Misc.2d 59 (1981)

The People of the State of New York, Plaintiff, v. Brian J. P., Defendant.

District Court of Suffolk County, First District.

March 4, 1981

Attorney(s) appearing for the Case

Fallon, Fallon & Garbarino for defendant. Patrick Henry, District Attorney (Robert F. Ewald of counsel), for plaintiff.

EDWARD U. GREEN, JR., J.

This case squarely presents the issue of whether the decision of the Appellate Term, Ninth and Tenth Judicial Districts, in People v De Rosa (84 Misc.2d 316, affd on other grounds 42 N.Y.2d 872) remains the controlling authority in this court or whether it has been effectively overruled by subsequent pronouncements of the Court of Appeals.

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