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People ex rel. Di Lapo v. Tutuska

10 N.Y.2d 828 Court N.Y. Decision date 1961-10-12 English

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p. 828
The People of the State of New York ex rel. Daniel Di Lapo, Appellant, v. B. John Tutuska, as Sheriff of the County of Erie, Respondent.
Submitted October 2, 1961;
decided October 12, 1961.

Motion to clarify the decision of the Court of Appeals reported at 9 N Y 2d 910 granted to this extent: The Court of Appeals states that it did not pass on the correctness of the statement contained in the Special Term opinion on page 547 of 27 Misc 2d that a subsequent indictment under subdivision 5-a of section 1897 of the Penal Law would he barred.

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