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PEOPLE v. ALLEN

92 N.Y.2d 378 (1998)

703 N.E.2d 1229

681 N.Y.S.2d 216

The People of the State of New York, Respondent, v. Christopher Allen et al., Appellants.

Court of Appeals of the State of New York.

Decided October 22, 1998.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester, for Christopher Allen and others, appellants.

Mark F. Cianca, Rochester, for Daniel Giallombardo, appellant.

Harris Beach & Wilcox, Rochester (Michael J. Masino of counsel), for Brandon McPhee, appellant.

Cerulli and Massare, Rochester (Matthew R. Lembke of counsel), for Emily Vega, appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Thomas Rainbow Morse of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE and CIPARICK concur with Judge SMITH; Judge BELLACOSA concurs in result in a separate opinion in which Judge WESLEY concurs.

SMITH, J.

In these 54 criminal cases, combined for the purposes of this appeal, we consider what effect, if any, the exemption provision under Penal Law § 100.20 has on the prosecution of these similarly situated defendants. In each of the cases the trial court concluded that application of the exemption statute was required and, as a result, that dismissal in all cases was warranted. On appeal, that decision...

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