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People v. Cohen

21 N.Y.2d 1039 Court N.Y. Decision date 1968-04-18 English

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p. 1039
The People of the State of New York, Respondent, v. Carl I. Cohen, Appellant.
Reargued April 8, 1968;
decided April 18, 1968.

Upon reargument, the original decision of July 7, 1966 adhered to. [See 18 N Y 2d 650 .]

Concur: Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld dissents and votes to reverse in the following memorandum: Until the United States Supreme Court has definitely passed on the question here presented, I adhere to the views which I expressed in my dissenting memorandum on the appeal proper herein ( 18 N Y 2d 650 ) and in my dissenting opinion in People v. Kaiser ( 21 N Y 2d 86 , 104).

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