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  5. 66 N.Y.2d 755 (1985)
 

PEOPLE v. SMITH

66 N.Y.2d 755 (1985)

The People of the State of New York, Appellant, v. Brunce Smith, Also Known as Bruce Smith, Nat Smith and Nathaniel Dickerson, Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1985.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Tracey J. Miller of counsel), for appellant.

Juliet Neisser for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division for consideration of the facts (CPL 470.40 [2] [b]; 470.25 [2] [d]).

Defendant was present when his case was assigned to Trial Part and was made aware by the assigning judge's instructions that should the parties run out of witnesses at the pretrial hearing, requiring that the hearing be adjourned, the...

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