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PEOPLE v. FISHER

33 N.Y.2d 545 (1973)

The People of the State of New York, Respondent, v. Ronald Fisher, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1973.

Attorney(s) appearing for the Case

C. Whitman Hobbs for appellant.

George J. Aspland, District Attorney (Joseph R. Mule of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI and JONES. Judges BREITEL, JASEN and WACHTLER dissent and vote to reverse and order a new trial upon the ground that there was a question of fact as to the accomplice status of the witness Hursell which should have been submitted to the jury.

Order affirmed...

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