PEOPLE v. TANNER


31 A.D.2d 148 (1968)

The People of the State of New York, Respondent, v. Ellis Tanner, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1968.


Attorney(s) appearing for the Case

John D. Goldman of counsel (Anthony F. Marra, attorney), for appellant.

Jerry Slater of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

EAGER, J. P., CAPOZZOLI, TILZER and RABIN, JJ., concur.


STEUER, J.

Defendant was convicted by a jury of attempted murder in the second degree, three counts of robbery in the first degree and criminally carrying a concealed weapon. As to all of these none of us entertains the slightest doubt of his guilt. Unfortunately, reversal of the conviction is mandated by authority which we may not ignore.

It appears that defendant and an accomplice, one Hughes, held...

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