Majority
p. 941The People of the State of New York, Respondent, v Ronald Glenn Tucker, Appellant. Argued May 5,1978; decided June 15, 1978
p. 942
APPEARANCES OF COUNSEL
Douglas P. Rutnick, Public Defender (Frank V. Bífera of counsel), for appellant.
Sol Greenberg, District Attorney (Melissa L. Campbell of counsel), for respondent.
OPINION OF THE COURT
Order reversed and indictment dismissed on the dissenting memorandum by Mr. Justice Michael E. Sweeney at the Appellate Division (58 AD2d, at p 674).
p. 943
Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Cooke. Judge Jasen dissents and votes to affirm for the reasons stated in the memorandum by the majority at the Appellate Division ( 58 AD2d 673 ).
Cases cited
- People v. Tucker 58 AD2d 673 p. 943