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PEOPLE v. GREENE

70 N.Y.2d 860 (1987)

The People of the State of New York, Respondent, v. Leonard Greene, Appellant. The People of the State of New York, Appellant, v. Alex Bogan, Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1987.

Attorney(s) appearing for the Case

Monroe A. Semble and John F. Middlemiss for appellant in the first above-entitled action.

Elizabeth Holtzman, District Attorney (Linda Starr and Barbara D. Underwood of counsel), for appellant in the second above-entitled action.

Patrick Henry, District Attorney (Michael J. Miller of counsel), for respondent in the first above-entitled action.

John Gemmill and Philip L. Weinstein for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division in People v Greene should be affirmed. The order of the Appellate Division in People v Bogan should be reversed and the case remitted to the Appellate Division for a determination of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).

In People v Greene, defendant appeals from an order affirming his conviction of assault in the second degree (Penal Law...

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