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PEOPLE v. GOETZ

116 A.D.2d 316 (1986)

The People of the State of New York, Appellant, v. Bernhard Goetz, Respondent

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

April 17, 1986

Attorney(s) appearing for the Case

Robert M. Pitler of counsel (Mark Dwyer and Gregory L. Waples with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Mark M. Baker of counsel (Barry Ivan Slotnick and Michael Shapiro with him on the brief; Slotnick & Cutler, P. C., attorneys), for respondent.

CARRO, J., concurs with KASSAL, J.; KUPFERMAN, J. P., concurs in a separate opinion; ASCH, J., dissents in an opinion; WALLACH, J., in a separate dissenting opinion, concurs with the dissenting opinion by ASCH, J.

KASSAL, J.

We agree with the thoughtful and incisive analysis of the issues by Trial Term and affirm to the extent appealed from, essentially for the reasons stated by Justice Crane (131 Misc.2d 1). However, in view of the importance of the issue, we would add the following:

I

This appeal poses a critical legal issue in a most significant criminal case...

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