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PEOPLE v. HANNIGAN

193 A.D.2d 8 (1993)

The People of the State of New York, Respondent, v. Thomas Hannigan, Appellant

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

August 30, 1993

Attorney(s) appearing for the Case

John F. Middlemiss, Jr., Riverhead (Robert B. Kenney of counsel), for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Karen Petterson and Adrienne Brewington of counsel), for respondent.

ROSENBLATT and COPERTINO, JJ., concur with MANGANO, P. J.; O'BRIEN, J., concurs in the result only, in a memorandum.

MANGANO, P. J.

The primary question to be resolved on this appeal is whether the holding of the Court of Appeals in People v Sloan (79 N.Y.2d 386) should be applied retroactively to the instant case, or prospectively only. In our view, the holding in People v Sloan (supra) should be applied prospectively under this State's retroactivity rules.

I...

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