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MATTER OF FRANCO v. KUFFNER

152 A.D.2d 696 (1989)

In the Matter of George Franco, Petitioner, v. Charles A. Kuffner, Respondent

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

July 24, 1989

Ordered that the motion is granted; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

The petitioner was charged in indictment No. 32S/1988, along with codefendant Robert Anderson, with, inter alia, burglary in the second degree. He contends that he is not a culpable party inasmuch as he lacked the requisite element of intent. His codefendant allegedly stands ready...

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