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PEOPLE v. JOSAN

104 A.D.2d 1051 (1984)

The People of the State of New York, Respondent, v. Ion Josan, Appellant

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

October 29, 1984

Judgment affirmed, and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5).

Defendant's prior conviction on the same indictment was reversed by this court and a new trial was ordered due to trial errors relating to the giving of a missing witness charge and allowing a statement to be admitted as a declaration against penal interest (People v Josan, 92 A.D.2d 902). However...

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