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MATTER OF KWITNY v. McGUIRE

53 N.Y.2d 968 (1981)

In the Matter of Jonathan Kwitny, Respondent, v. Robert J. McGuire, as Commissioner of Police of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 2, 1981.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and Leonard Koerner of counsel), for appellants.

Mark R. Hellerer and Robert D. Sack for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and WACHTLER concur; Judge MEYER dissents and votes to reverse in an opinion in which Judges JASEN and FUCHSBERG concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice RICHARD W. WALLACH at Supreme Court.

In response to the position advanced by the dissent it suffices to observe that while subdivision 3 of section 400.00 of the Penal Law prescribes the inclusion in the application of certain described data, nothing in that subdivision precludes expansion...

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