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People v. Murello

39 N.Y.2d 879 Court N.Y. Decision date 1976-06-03 English

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p. 879
The People of the State of New York, Respondent, v Michael J. Murello, Appellant.
Argued May 7, 1976;
decided June 3, 1976
Richard T. Farrell for appellant.
Eugene Gold, District Attorney (James A. Steinberg of counsel), for respondent.

Order affirmed (see, generally, People v Selikoff, 35 NY2d 227 , especially at p 236). The promise purportedly made was conditional and it was a matter of fact finding whether defendant breached the condition. On this record, therefore, the issue is beyond review in this court.

p. 880
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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