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  5. 75 N.Y.2d 833 (1990)
 

PEOPLE v. DIXON

75 N.Y.2d 833 (1990)

The People of the State of New York, Respondent, v. Dudley Dixon, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1990.

Attorney(s) appearing for the Case

Marshall Nadan for appellant.

Michael Kavanagh, District Attorney (Joan Lamb of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.

Order reversed and the indictment dismissed for the reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney at the Appellate Division (147 A.D.2d 769

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