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People v. Miller

89 A.D.2d 1054 Court N.Y. App. Div. Decision date 1982-09-24 English

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p. 1054
(September 24, 1982)
The People of the State of New York, Respondent, v Brian Miller, Appellant.

Upon remittitur from the United States Supreme Court, case held, decision reserved, and matter remitted to Trial Term for a hearing and determination concerning the applicability of Payton v New York ( 445 US 573 ) in light of United States v Johnson (457 US_). Motion for leave to submit an additional brief and for reargument in advance of remittal denied as unnecessary. Present — Simons, J. P., Hancock, Jr., Callahan and Moule, JJ. (Orders entered Sept. 10, 1982.)

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