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PEOPLE v. FRANK

83 A.D.2d 642 (1981)

The People of the State of New York, Respondent, v. Colin Frank, Appellant

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

July 27, 1981

Judgment affirmed.

No opinion.

Hopkins, J. P., dissents and votes to reverse the judgment and dismiss the indictment, with leave to the prosecution to apply for an order permitting resubmission, with the following memorandum:

Defendant has been convicted on his plea of guilty of criminal possession of a controlled substance in the third degree. Prior to indictment the defendant waived immunity and testified before the Grand Jury. He testified...

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