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PEOPLE v. PHEARS

53 N.Y.2d 1001 (1981)

The People of the State of New York, Respondent v. William Phears, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1981.

Attorney(s) appearing for the Case

John Joseph Sutter and Ruth C. Balkin for appellant.

Denis Dillon, District Attorney (Judith R. Sternberg and William C. Donnino of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's contentions other than that based upon collateral estoppel are either not preserved or without merit. As to that argument, it is sufficient to quote People v Lo Cicero (14 N.Y.2d 374, 380): "Since the State of New York was not a party to the Federal prosecution and had no control of that case...

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