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PEOPLE v. OHLSTEIN

54 A.D.2d 109 (1976)

The People of the State of New York, Respondent, v. Irving Ohlstein, Appellant

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

October 21, 1976

Attorney(s) appearing for the Case

Herald Price Fahringer of counsel (Lipsitz, Green Fahringer Roll, Schuler & James, attorneys), for appellant.

Richard H. Girgenti of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

STEVENS, P. J., MARKEWICH and LANE, JJ., concur in Per Curiam opinion; BIRNS, J., dissents in an opinion.

Per Curiam.

Irving Ohlstein and Lloyd Kurzman were indicted for the murder of Robert Newmark. Ohlstein, after a jury trial, was convicted of the crime of murder; Kurzman was acquitted.

The key testimony presented by the prosecution was through the mouths of witnesses declared by the trial court to have been accomplices as a matter of law. The prime issue on this appeal is whether the prosecution presented corroborative...

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