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PEOPLE v. GENTILE

127 A.D.2d 686 (1987)

The People of the State of New York, Respondent, v. Steven Gentile and William Rydstrom, Appellants

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

February 9, 1987

Ordered that the judgments are reversed, on the law and the facts, the indictment is dismissed, and the matter is remitted to the County Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50; and it is further,

Ordered that the appeals from the order dated January 23, 1986, are dismissed as academic.

At about 3:00 A.M. on July 28, 1981, first inside and then outside of the Pioneer Diner in Smithtown, the defendants...

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