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  5. 26 N.Y.2d 790 (1970)
 

PEOPLE v. HINGERTON

26 N.Y.2d 790 (1970)

The People of the State of New York, Appellant, v. Jack Hingerton, Also Known as Jack Molino, Respondent.

Court of Appeals of the State of New York.

Decided February 19, 1970.

Attorney(s) appearing for the Case

George J. Aspland, District Attorney (David F. Jordan of counsel), for appellant.

George R. Hoffman for respondent.

Concur: Judges SCILEPPI, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judges BURKE and BERGAN dissent and vote to affirm on the opinion at the Appellate Division.

Order reversed, the first count of the indictment reinstated and a new trial ordered upon the ground that the jury was warranted in finding defendant a principal under the most favorable inferences to be drawn from the People's evidence and under the court's charge...

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