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PEOPLE v. McINTYRE

36 N.Y.2d 10 (1974)

The People of the State of New York, Respondent, v. John A. McIntyre, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Victor J. Rocco for appellant.

Eugene Gold, District Attorney (Richard C. Laskey of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, RABIN and STEVENS concur with Judge WACHTLER; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

WACHTLER, J.

In connection with a robbery of a Brooklyn grocery store in August, 1966, the defendant John McIntyre, was indicted for murder in the first degree of the proprietress, one Ida Kaplan, and robbery in the first degree. After a jury trial the defendant was convicted and sentenced to serve a term of life imprisonment for murder and a term of from 15 to 30 years on the robbery conviction, both sentences...

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