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PEOPLE v. DEEGAN

69 N.Y.2d 976 (1987)

The People of the State of New York, Appellant, v. Kenneth Deegan, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1987.

Attorney(s) appearing for the Case

Ronald Goldstock, Deputy Attorney-General (Arthur G. Weinstein and Martin Marcus of counsel), for appellant.

Vincent A. Malito for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, the indictment reinstated and the matter remitted to the trial court for further proceedings.

The limited issue before us on this pleading motion is the facial sufficiency of the indictment. Even if the alleged coconspirator's declarations were excluded, for present purposes the remaining evidence before the Grand Jury is sufficient to support an...

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