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PEOPLE v. MILES

61 N.Y.2d 635 (1983)

The People of the State of New York, Respondent, v. George Miles, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1983.

Attorney(s) appearing for the Case

Ramsey Clark and Lawrence W. Schilling for appellant.

Robert M. Morgenthau, District Attorney (William J. Comiskey, Robert M. Pitler, Mark Dwyer and Jerrold L. Neugarten of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur; Judge JASEN concurs in result only in a separate memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Although we agree with the defendant that People v Farrar (52 N.Y.2d 302) is not binding on the Appellate Division (see People v Thompson, 60 N.Y.2d 513), the fact remains that a majority at the Appellate Division decided not to grant the defendant any discretionary...

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