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PEOPLE v. STANBRIDGE

26 N.Y.2d 1 (1970)

The People of the State of New York, Respondent, v. Robert Moll and John Closter, Defendants, and William Stanbridge, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Frank A. Lopez and Theodore Rosenberg for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Judges SCILEPPI, BREITEL, JASEN and GIBSON concur with Judge BERGAN; Chief Judge FULD and Judge BURKE concur in the following memorandum: Although we still subscribe to the view set forth in the dissenting opinion in People v. McNeil () — which would require a reversal here — we are constrained by the majority's decision in that case to vote for affirmance. (See, also, concurring opinion in People v. Galloway, , 936.)

BERGAN, J.

In the murder of a policeman following close upon the robbery of a store, William Stanbridge, a participant in both crimes, has been convicted of manslaughter in the first degree, a substantially lesser charge than the murder, first degree, on which he was tried. He was also convicted of robbery, larceny and assault charges arising from the store robbery.

Stanbridge confessed his participation...

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