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  5. 78 N.Y.2d 932 (1991)
 

PEOPLE v. HUNT

78 N.Y.2d 932 (1991)

The People of the State of New York, Respondent, v. Wayne Hunt, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1991.

Attorney(s) appearing for the Case

Paul J. Connolly for appellant.

James B. Canfield, District Attorney (Youel C. Smith, III of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Judge KAYE dissents and votes to reverse in an opinion.

Order affirmed for the reasons stated in the memorandum at the Appellate Division (162 A.D.2d 782).

KAYE, J. (dissenting).

The issue presented in this case is the one we explicitly left open in Sailor, where the Court wrote that it was "unnecessary to decide in this appeal whether the prosecution may conduct more than one persistent felony offender or second...

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