PEOPLE v. FUGGAZZATTO


62 N.Y.2d 862 (1984)

The People of the State of New York, Appellant-Respondent, v. Ignatius Fuggazzatto, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1984.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Brian D. Foley and Barbara D. Underwood of counsel), for appellant-respondent.

Andrew E. Abraham and William E. Hellerstein for respondent-appellant.

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


MEMORANDUM.

The order of the Appellate Division should be modified by reversing that part which denied defendant's motion to vacate his plea and by dismissing indictment No. 1158/73 and, as so modified, affirmed.

Two indictments are in issue, No. 5172/72 and No. 1158/73, filed simultaneously. Defendant's motions pursuant to CPL 30.30 to dismiss both indictments were denied. Defendant proceeded to trial on the first...

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