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PEOPLE v. MOORE

42 A.D.2d 268 (1973)

The People of the State of New York, Respondent, v. Kevin Michael Moore, Appellant

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

July 23, 1973.

Attorney(s) appearing for the Case

James R. Neilly (Thomas R. Newman and Benjamin H. Siff of counsel), for appellant.

George J. Aspland, District Attorney (George E. Hughes of counsel), for respondent.

MARTUSCELLO and GULOTTA, JJ., concur with SHAPIRO, J.; HOPKINS, Acting P. J., and CHRIST, J., dissent and vote to affirm the judgment.

SHAPIRO, J.

The defendant, 17 years old at the time of his arrest in August, 1970, appeals from a judgment entered upon a jury verdict which found him guilty of two counts of assault in the second degree and one count of reckless endangerment in the second degree. Because of substantial errors in the conduct of the trial, the judgment must be reversed and a new trial held.

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