The following excerpt is from People v. Smith, 429 N.E.2d 823, 445 N.Y.S.2d 145, 54 N.Y.2d 954 (N.Y. 1981):
Since the rule just recently announced in People v. Bartolomeo, 53 N.Y.2d 225, 440 N.Y.S.2d 894, 423 N.E.2d 371, is now being extended, I am compelled to dissent.
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