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PEOPLE v. GUERRERO

69 N.Y.2d 628 (1986)

The People of the State of New York, Appellant, v. Alberto Guerrero, Respondent.

Court of Appeals of the State of New York.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Andrew J. Frisch, Barbara D. Underwood and Lisa Margaret Smith of counsel), for appellant.

Elaine D. McKnight for respondent.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR. Taking no part: Judge TITONE.

Order reversed, verdict reinstated and case remitted to Supreme Court, Kings County, for sentencing for reasons stated in the dissenting memorandum by then Justice Vito J. Titone at the Appellate Division (111 A.D.2d 350, 355-356; see also, People v Colon, 65 N.Y.2d 888

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