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PEOPLE v. WHITE

26 N.Y.2d 276 (1970)

The People of the State of New York, Respondent, v. Michael White, Appellant.

Court of Appeals of the State of New York.

Decided April 9, 1970.

Attorney(s) appearing for the Case

Diane A. Lebedeff and Milton Adler for appellant.

Eugene Gold, District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON concur with Judge SCILEPPI; Judge BURKE dissents and votes to reverse in a separate opinion.

SCILEPPI, J.

On April 11, 1968 appellant Michael White, William Leroy White and William Wallace Brown (two codefendants not involved in this appeal) were convicted, after a jury trial, of robbery in the first degree, grand larceny in the first degree and assault in the second degree.

At the trial William Lance, the 65-year-old victim, testified that after he had made a condolence call to a friend in Brooklyn...

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