Summary
In People v Parker (52 N.Y.2d 935, revg on dissenting opn below 70 A.D.2d 387, 391-394), the Court of Appeals held that, pursuant to the exemption provided by Penal Law § 265.
Summary of this case from People v. DavisOpinion
Argued January 8, 1981
Decided February 10, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, E. LEO MILONAS, J.
Daniel J. Gotlin for appellant.
Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for respondent.
Order reversed and order of Supreme Court, New York County, dismissing the indictment reinstated for the reasons stated in the dissenting opinion of Mr. Justice HAROLD BIRNS at the Appellate Division ( 70 A.D.2d 387, 391-394).
Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Chief Judge COOKE.