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PEOPLE v. ARCHIE

85 Misc.2d 243 (1976)

The People of the State of New York, Plaintiff, v. Robert Archie, Defendant.

Supreme Court, Erie County.

February 5, 1976

Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (Michael R. Stebick of counsel), for plaintiff. Albrecht, Maguire, Heffern & Gregg for defendant.

LEON N. ARMER, J.

Defendant Archie, charged with robbery, first degree, allegedly accomplished by "display of what appeared to be a sawed-off shotgun" (Penal Law, § 160.15, subd 4) moves to dismiss the charge as contrary to the constitutional principles pronounced by the United States Supreme Court in Matter of Winship (397 U.S. 358) and Mullaney v Wilbur (421 U.S. 684...

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