No opinion.
Munder, J., dissents and votes to reverse the judgment and dismiss the indictment upon the ground that the defendant's guilt was not established beyond a reasonable doubt (CPL 470.20, subd. 5). On August 26, 1970, just before midnight, two policemen on foot patrol in Queens were fired upon by three gunmen. The two policemen, though severely wounded, returned the fire killing one of the gunmen and reportedly wounding another. On November 8, 1971, the defendant...
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