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NY 92-911 JOELSOW contended that DUFFY's dismissal of the second count of the indictment was "abuse of ~ discretion.” THOMAS MC NULTY, GLEITSMANN's attorney, contended there was a “substantial prejudice" in the second count of the indictme2nt because of the phrase "{llegal and improper" referring to the use of the car and telephone and the phrase that GALANTE is a "known criminal." V. MISCELLANEOUS a vy been reported tnat the Bubject and whiie residin t 6&7C. Hotel in Apr b 7p b7C 67D However, he de d that he knew anyone by the name of GiANTE o Photographs of these in als b7C arc. other associates were displayed t 7c hevever, he failed to identify a of em as be & 74 know CONSACNTIAL