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Order reversed on authority of People v Patterson (39 NY2d 288) and the case remitted to the Appellate Division, Fourth Department, for review of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]). On other questions of law raised by defendant there was no prejudice, assuming error.
*836 Concur: Chief Judge Breitel and Judges Jasen, Gabrielli and Jones. Judges Wachtler, Fuchsberg and Cooke concur on constraint of People v Patterson (39 NY2d 288).
Document Info
Citation Numbers: 40 N.Y.2d 835
Filed Date: 9/14/1976
Precedential Status: Precedential
Modified Date: 1/12/2023