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PEOPLE v. FITZPATRICK

32 N.Y.2d 499 (1973)

The People of the State of New York, Respondent, v. Martin J. Fitzpatrick, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1973.

Attorney(s) appearing for the Case

Bruce J. Winick, Charles E. Williams, III, Joel M. Leifer and Barbara G. Roffwarg for appellant.

Daniel C. Wilson and Richard D. Enders for respondent.

Judges BURKE, BREITEL, JASEN and GABRIELLI concur with Chief Judge FULD; Judge WACHTLER concurs in a separate opinion in which Judge JONES concurs.

Chief Judge FULD.

On the night of September 8, 1969, at about a quarter after nine, the defendant held up Paul DiGeorge, an attendant at a gas station in Canastota, New York, and fled with his wallet and the station's cash receipts, driving east on Route 5 in a Ford convertible. Notified of the incident, Officer Robert Mumford of the Sherill Police Department stopped the defendant's car as he was driving through...

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