PEOPLE v. McDUFFY


38 A.D.2d 836 (1972)

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

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

February 14, 1972


Judgment affirmed.

Memorandum.

No opinion.

Martuscello, J. (dissenting).

I concur with the dissenting opinion of Mr. Justice Shapiro insofar as it indicates that the evidence was insufficient to support a conviction for felony murder based on robbery and that the judgment should be reversed. However, I further vote to dismiss the two counts in the indictment for felony murder upon which the defendant was convicted and not to order...

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