PEOPLE v. BEHLING


31 A.D.2d 841 (1969)

The People of the State of New York, Respondent, v. Larry Behling, Appellant

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

February 24, 1969


No opinion.

Christ and Benjamin, JJ., dissent and vote to reverse the judgment and to order a new trial, with the following memorandum:

Appellant and one Riggins were indicted for the assault and robbery of an old man in a park; a third man, also allegedly involved in the crime, was never caught. At the time of his arrest, Riggins told the police that appellant was one of the three men who had committed the crime and was the one who had cut the victim with...

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