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Court of Appeals of New York


PEOPLE v. GILMOUR, 2 No. 49

Where a request to prosecute was made by police department counsel, and it was not clear that the head of the department (the Superintendent of State Police) authorized the request or even knew of it, the prosecutorial request did not conform to Executive Law section 63(3); conviction reversed and indictment dismissed.

Appellate Information

  • Decided 05/02/2002
  • Published 05/02/2002

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  • Court of Appeals of New York

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