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People v. Graham

35 N.Y.2d 977 Court N.Y. Decision date 1975-01-20 English

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p. 977
The People of the State of New York, Appellant-Respondent, v. Burton C. Graham, Respondent-Appellant.
Argued January 6, 1075;
decided January 20, 1975.
D. Bruce Grew, III, District Attorney, for appellant-respondent.
James F. Young for respondent-appellant.

Appeals held in abeyance and the case remitted to the Appellate Division, Third Department, to clarify its order of modification based on CPL 470.15 (subds. 2, 3) in the light of the provisions of subdivision 6 of that section (see, also, CPL 470.20,

p. 978
470.35, subd. 2, par. [c]; cf. People v. Potskowski, 298 N. Y. 299 , 303; People v. Rytel, 284 N. Y. 242 , 245-246).

Concur : Chief Judge: Bbeitel and Judges Jasen, Gabbiellí, Jones, Waohtleb and Fuohsbebg. Taking no part: Judge Cooke.

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