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  5. 77 N.Y.2d 95 (1990)
 

PEOPLE v. CARTER

77 N.Y.2d 95 (1990)

The People of the State of New York, Respondent, v. Terrence Carter, Also Known as Terrance Carter, Appellant. The People of the State of New York, Respondent, v. Solomon Witherspoon, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1990.

Attorney(s) appearing for the Case

Andrea Hirsch and Philip L. Weinstein for appellant in the first above-entitled action.

Steven A. Feldman and Arza Rayches Feldman for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Nikki Kowalski and Mark Dwyer of counsel), for respondent in the first and second above-entitled actions.

Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur with Judge HANCOCK, JR.; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge ALEXANDER concurs.

HANCOCK, JR., J.

Defendants were tried jointly before a jury and convicted of drug-related crimes. The common question in their appeals is whether the convictions should be set aside as invalid because the Assistant District Attorney who handled the prosecution — both in presenting evidence to the Grand Jury which returned the indictments and later in conducting the actual trial — was not licensed...

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