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Circuit Court for Baltimore City Case Nos. 196079001/296159015-16 IN THE COURT OF APPEALS OF MARYLAND No. 99 September Term, 1999

STATE OF MARYLAND v. STEPHEN PAGOTTO

Bell, C.J. Eldridge *Rodowsky Raker Wilner Cathell Harrell, JJ.

Opinion by Raker, J. Bell, C.J., dissents

Filed: November 16, 2000 *Rodowsky, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this opinion.

Respondent, Stephen Pagotto, a sergeant with the Baltimore City Police Department, was convicted of involuntary manslaughter and two counts of reckless endangerment in violation of Maryland Code (1957, 1992 Repl. Vol.) Article 27,

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Maryland Law