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74 A.D.2d 772

People v. Thomas

Appellate Division of the Supreme Court of the State of New York · decided 1980-03-11

Decided 1980-03-11

¶1Judgment, Supreme Court, Bronx County, rendered on July 27, 1978, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). Concur — Sullivan, Markewich and Lupiano, JJ.

Birns, J. P., and Fein, J.,

¶2concur on constraint of People v Johnson (72 AD2d 689), as to jury waiver. No opinion.

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