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PEOPLE v. LEONARD

113 A.D.2d 258 (1985)

The People of the State of New York, Respondent, v. Peter Leonard, Appellant

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

December 16, 1985

Attorney(s) appearing for the Case

Stephen J. Pittari for appellant.

Carl A. Vergari, District Attorney (Gerald D. Reilly and Anthony J. Servino of counsel), for respondent.

EIBER, J., concurs with WEINSTEIN, J.; LAZER, J. P., and THOMPSON, J., concur in the result only.

WEINSTEIN, J.

We conclude, reluctantly, that a reversal of the judgment of conviction is warranted in this case on constraint of People v Bartolomeo (53 N.Y.2d 225) and People v Rogers (48 N.Y.2d 167). While we regard defendant's other contentions as devoid of merit and would otherwise vote to affirm, we are nevertheless constrained...

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