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People v. Edwards

64 N.Y.2d 658 Court N.Y. Decision date 1984-12-11 English

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Majority

p. 658
The People of the State of New York, Respondent, v Christopher Edwards, Appellant.
Argued November 14, 1984;
decided December 11, 1984
p. 660
APPEARANCES OF COUNSEL
Richard D. Priest for appellant.
Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Michael P. Marmor of counsel), for respondent.
Frederick J. Scullin, Jr., United States Attorney (Paula Ryan Conan and Craig A. Benedict of counsel), for United States of America, amicus curiae.

OPINION OF THE COURT

Order affirmed. The question of State court jurisdiction over this case is the only question raised by defendant which merits comment. We hold that there is jurisdiction for the reasons stated in the memorandum at the Appellate Division which reinstated the indictment ( 78 AD2d 582 ).

Concur: Chief Judge Cooke and Judges Jasen, Wachtler, Meyer and Kaye. Judge Jones dissents and votes to reverse and dismiss the indictment for the reasons stated in the opinion by Justice Walter T. Gorman at Supreme Court ( 104 Misc 2d 305 ). Taking no part: Judge Simons.

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