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PEOPLE v. ROBERTS

37 A.D.2d 735 (1971)

The People of the State of New York, Respondent, v. Jesse Roberts, Appellant

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

July 6, 1971

Judgment affirmed.

No opinion.

Gulotta, J., dissents in part, with the following memorandum:

While I concur in the affirmance of the portion of the judgment convicting defendant of common-law murder, I dissent from the affirmance with respect to the conviction for felony-murder and vote to reverse the latter portion of the judgment and to dismiss the felony-murder count of the indictment. In my opinion, the charge of the trial court with...

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