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PEOPLE v. RUSS

45 A.D.2d 843 (1974)

The People of the State of New York, Respondent, v. Alphonso X. Russ, Appellant

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

July 1, 1974

No opinion.

Martuscello, J., dissents and votes to reverse the judgment and to order a new trial, with the following memorandum:

Defendant was indicted and convicted with a codefendant, after a jury trial, of the crimes of robbery in the first and second degrees and grand larceny in the third degree arising out of the holdup of an automobile dealership on December 11, 1970. At the trial, defendant took the stand in his own behalf and denied committing...

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