The following excerpt is from People v. Recupero, 535 N.E.2d 287, 538 N.Y.S.2d 234, 73 N.Y.2d 877 (N.Y. 1988):
2 Contrary to the majority's assertion (majority mem., at 236 of 535 N.Y.S.2d, at 289 of 535 N.E.2d), the rule outlined in the above-described cases is no more a per se rule of reversal now than it was when it was first described in People v. Macerola, 47 N.Y.2d 257, 417 N.Y.S.2d 908, 391 N.E.2d 990.
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