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PEOPLE v. O'BRIEN

48 A.D.2d 446 (1975)

The People of the State of New York, Respondent, v. James O'Brien, Appellant

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

July 10, 1975

Attorney(s) appearing for the Case

Norman Fraiden for appellant.

Jane Louise Koch of counsel (Mario Merola, District Attorney), for respondent.

MARKEWICH, J. P., and MURPHY, J., concur with LYNCH, J.; KUPFERMAN and CAPOZZOLI, JJ., dissent in an opinion by CAPOZZOLI, J.

LYNCH, J.

The defendant O'Brien and two codefendants, McClendon and Wilson, were convicted after a jury trial of robbery in the second degree, grand larceny in the third degree and petit larceny. This court affirmed Wilson's and McClendon's robbery conviction but reversed and dismissed the grand and petit larceny charges (People v Wilson, 48 A.D.2d 638). The prosecuting attorney concedes that there is no evidence...

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