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  5. 74 N.Y.2d 639 (1989)
 

PEOPLE v. BEAUCHAMP

74 N.Y.2d 639 (1989)

The People of the State of New York, Respondent-Appellant, v. Franklin Beauchamp, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided May 9, 1989.

Attorney(s) appearing for the Case

Joel B. Rudin for appellant-respondent.

Robert T. Johnson, District Attorney (Peter D. Coddington and Terrence J. Sweeney of counsel), for respondent-appellant.

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

MEMORANDUM.

The order of the Appellate Division should be modified by reversing the convictions of the crimes charged in counts 15, 16 and 17 of the indictment and dismissing those counts with leave to the People, should they be so advised, to resubmit the charges to another Grand Jury and, as so modified, affirmed.

On these cross appeals, we agree with defendant that his pretrial motion to dismiss all counts for...

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