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PEOPLE v. MILLER

209 A.D.2d 187 (1994)

618 N.Y.S.2d 279

The People of the State of New York, Respondent, v. Samuel Miller, Defendant-Appellant

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

November 3, 1994

Tom, J., concurs in a separate memorandum and Rosenberger, J., dissents in part in a memorandum, all as follows:

Tom, J. (concurring).

I concur in the result reached by the majority although I disagree with their initial conclusion that the Ryan issue is unpreserved. As I set forth in my dissent in People v Barnes (204 A.D.2d 33, 36), in instances where, as here, the defendant moves for an order of dismissal...

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