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PEOPLE v. GUIDO

114 Misc.2d 470 (1982)

The People of the State of New York, Respondent, v. Leonard M. Guido, Appellant.

Supreme Court, Appellate Term, Second Department.

February 8, 1982

Attorney(s) appearing for the Case

Granik, Silverman, Sandberg, Kirschner, Campbell & Nowicki (David W. Silverman and Carolyn A. M. Campe of counsel), for appellant. Kenneth Gribetz, District Attorney (John S. Edwards of counsel), for respondent.

FARLEY, P. J., GEILER and DIPAOLA, JJ., concur.

MEMORANDUM.

Judgment of conviction unanimously reversed, on the law, accusatory instrument dismissed and fine remitted.

We are in agreement with the position adopted by the court in the case of People v Bromley (85 Misc.2d 988, 990) to the effect that section 210.45 of the Penal Law is only applicable to situations where a specific authorization exists for the use of an affirmation in place of a notarized form...

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