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KLEMM v. STATE

170 A.D.2d 438 (1991)

Joseph Klemm, Respondent, v. State of New York, Appellant. (Claim No. 77365.)

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

February 4, 1991

Ordered that the order is modified by deleting the provision granting the claimant's cross motion for partial summary judgment on the issue of liability, and substituting therefor a provision denying the claimant's cross motion; as so modified, the order is affirmed, without costs or disbursements.

The claimant and Sheldon Midlarsky were convicted of murder in the second degree and two counts of attempted murder in the second...

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