PEOPLE v. DAVID


56 N.Y.2d 698 (1982)

The People of the State of New York, Appellant, v. David L., Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1982.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Jason L. Shaw of counsel), for appellant.

Andrew E. Abraham and William E. Hellerstein for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES. Judges WACHTLER, FUCHSBERG and MEYER dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division ().


Order reversed for reasons stated in the dissenting memorandum by former Justice JAMES D. HOPKINS and Justice MOSES M. WEINSTEIN at the Appellate Division (81 A.D.2d 893, 895-896) and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd...

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