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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MONTGOMERY, Appellant.

Order affirmed for reasons stated in the memorandum at the Appellate Division ( 213 A.D.2d 563).

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.

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PEOPLE v. MONTGOMERY
(Jun 28, 1996)