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  5. 76 N.Y.2d 951 (1990)
 

PEOPLE v. CLAUD

76 N.Y.2d 951 (1990)

The People of the State of New York, Respondent, v. John Claud, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1990.

Attorney(s) appearing for the Case

Martin I. Saperstein for appellant.

James M. Catterson, Jr., District Attorney (Ronald E. Lipetz of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

Following an incident in which defendant operated his vessel in a manner causing serious physical injuries, defendant was charged with violations of Babylon Town Code §§ 86-3 (unregistered vehicle) and 86-4 (careful...

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