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PEOPLE v. DE LEON

38 A.D.2d 900 (1972)

The People of the State of New York, Respondent, v. Ricardo De Leon, Appellant The People of the State of New York, Respondent, v. Alfred Cain, Appellant

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

March 9, 1972

Murphy, J. (dissenting).

The factual allegations of the People were succinctly set forth in the following portions of the charge: "The contention of the People essentially is that during the months of July and August of 1969, the named defendants, Alfred Cain, Ricardo De Leon and Jerome West agreed among themselves and with Wilbert Thomas to commit a robbery on August 16th. This is the claim. The claim is that the robbery was to be achieved by the use...

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