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PEOPLE v. NELSON

102 A.D.2d 765 (1984)

The People of the State of New York, Respondent, v. Robert Nelson, Appellant

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

June 26, 1984

The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5).

Carro and Alexander, JJ., dissent in a memorandum by Alexander, J., as follows:

Because it is clear that the police testimony as to the events that transpired immediately preceding the defendant's arrest for criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]) "has...

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