PEOPLE v. BRANCH


27 N.Y.2d 834 (1970)

The People of the State of New York, Appellant, v. James Edward Branch, Respondent.

Court of Appeals of the State of New York.

Decided November 11, 1970.


Attorney(s) appearing for the Case

Thomas J. Mackell, District Attorney (Kenneth Ross Wolfe of counsel), for appellant.

Abraham Werfel for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judge SCILEPPI dissents and votes to reverse in the following opinion in which Judge JASEN concurs.


Order affirmed on the opinion at the Appellate Division.

SCILEPPI, J. (dissenting).

I dissent and vote to reverse and reinstate the judgment of conviction, for as I read the record, I perceive no basis for the majority's view that a new trial is warranted.

Defendant was convicted after a jury trial of robbery, first degree, grand larceny, first degree, and assault in the second degree. At the trial it was established that defendant and...

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