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PEOPLE v. GILLIAM

45 A.D.2d 744 (1974)

The People of the State of New York, Respondent, v. Leonard Gilliam, Appellant

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

June 17, 1974

No opinion.

Hopkins, Acting P. J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

Defendant has been convicted after a jury trial of the crime of robbery in the third degree. The conviction necessarily depended on the identification of defendant by the victim of the robbery and her 11-year-old son, as they testified that the crime occurred in an elevator of an apartment house with no one else...

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