PEOPLE v. WILLIAMS


47 A.D.2d 262 (1975)

The People of the State of New York, Respondent, v. John Williams, True Name Donald Mendoza, Appellant

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

April 21, 1975


Attorney(s) appearing for the Case

William E. Hellerstein and William J. Gallagher (Diana Budzanoski of counsel), for appellant.

Eugene Gold, District Attorney (Richard E. Mischel of counsel), for respondent.

RABIN, Acting P.J., HOPKINS, BRENNAN and MUNDER, JJ., concur.


CHRIST, J.

The underlying facts are not in dispute. The defendant and an accomplice were each charged, in a four-count indictment, with the crimes of robbery in the first and second degrees and two counts of grand larceny in the third degree. The indictment recites, and the trial proof confirms, that the defendant's accomplice displayed a pistol during the robbery. The necessary elements of robbery in the first...

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