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PEOPLE v. VIVENZIO

62 N.Y.2d 775 (1984)

The People of the State of New York, Appellant, v. Lance Vivenzio, Respondent.

Court of Appeals of the State of New York.

Decided May 15, 1984.

Attorney(s) appearing for the Case

Paul Carbonaro, District Attorney (Dennis Sedor and Allan J. Bentkofsky of counsel), for appellant.

Douglas P. Bates for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division, Fourth Department, for determination of the facts in accordance with CPL 470.40 (subd 2, par [b]) and 470.25 (subd 2, par [d]) and for consideration of the other issues not reached by that court.

As the dissenters below held (see 96 A.D.2d 728) there could be a finding...

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