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People v. Smith

66 A.D.2d 861 Court N.Y. App. Div. Decision date 1978-12-26 English

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p. 861
The People of the State of New York, Respondent, v James P. Smith, Appellant.

Motion by the People, inter alia, to resettle an order of this court, dated January 23, 1978, which determined an appeal from a judgment of the Supreme Court, Queens County, rendered January 9, 1976. Motion denied. On the court’s own motion, its decision and order, both dated January 23, 1978 (People v Smith, 60 AD2d 896 ), are vacated and recalled and the following substituted decision is rendered: Judgment of the Supreme Court, Queens County, rendered January 9, 1976, affirmed (see People v Jackson, 46 NY2d 721 ; People v Iannone, 45 NY2d 589 ). Latham, J. P., Damiani, Cohalan and O’Connor, JJ., concur.

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