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  5. 164 A.D.2d 638 (1991)
 

PEOPLE v. CALANDRA

164 A.D.2d 638 (1991)

The People of the State of New York, Respondent, v. Michael Calandra, Jon Levine and Marvin Roseman, Appellants

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

January 15, 1991

Attorney(s) appearing for the Case

Robert G. Morvillo of counsel (Catherine M. Foti and Michael E. Quiat with him on the brief; Morvillo, Abramowitz & Grand, P. C., attorneys), for Michael Calandra, appellant.

Alan R. Kaufman of counsel (Buchwald & Kaufman, attorneys), for Jon Levine, appellant.

Michael S. Feldberg of counsel (Helene M. Freeman, Sheila Ginsberg Riesel and Michael McNamara with him on the brief; Shea & Gould, and Phillips, Nizer, Benjamin, Krim & Ballon attorneys), for Marvin Roseman, appellant.

Mark Dwyer of counsel (Robert M. Morgenthau, District Attorney, attorney), for respondent.

MILONAS, J. P., ROSENBERGER, ASCH and KASSAL, JJ., concur.

RUBIN, J.

Defendants appeal from a judgment convicting them of misapplication of bank funds pursuant to Banking Law § 673 and from an order denying their postjudgment motion pursuant to CPL 440.10. The issue presented is whether defendants were properly prosecuted, pursuant to State law, for misapplication of the funds of a bank chartered under the laws of the United States.

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