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PEOPLE v. VILLANI

59 N.Y.2d 781 (1983)

The People of the State of New York, Respondent, v. Benny Villani, Also Known as Benny De Llama, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Charles S. Desmond and Anthony V. Lombardino for appellant.

Mario Merola, District Attorney (Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed, without prejudice, however, to an application by the People, if they be so advised, for leave to resubmit the charge of criminal usury in the second degree (People v Mayo, 48 N.Y.2d 245, 253).

Defendant argues that he was denied due process because the prosecutor (1) concealed...

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