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PEOPLE v. GRAHAM

90 A.D.2d 198 (1982)

The People of the State of New York, Respondent, v. Richard B. Graham, Appellant

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

December 9, 1982

Attorney(s) appearing for the Case

Stephen L. Oppenheim for appellant.

Stephen Lungen, District Attorney, for respondent.

WEISS, J., concurs with LEVINE, J.; KANE, J., concurs in a separate opinion; MAHONEY, P. J., and SWEENEY, J., dissent and vote to reverse in an opinion by MAHONEY, P. J.

LEVINE, J.

This case, which has been before this court on two prior occasions (69 A.D.2d 544; 76 A.D.2d 228), again comes to us on remand from the United States Supreme Court for further consideration in light of that court's recent decision in United States v Johnson (457 US ___, 50 USLW 4742 [June 21, 1982]), wherein it was held...

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