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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE PERSICO, Appellant.

Judgment reversed and a new trial ordered upon the ground that the court's failure to require the police officer to produce his memo book constituted reversible error ( People v. Malinsky, 15 N.Y.2d 86; People v. Rosario, 9 N.Y.2d 286).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

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PEOPLE v. PERSICO
(Mar 5, 1969)