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PEOPLE v. LEMMONS

40 N.Y.2d 505 (1976)

The People of the State of New York, Respondent, v. Melvin Lemmons, Raymond Hardrick, Samuel Allen and Jane Doe, Appellants.

Court of Appeals of the State of New York.

Decided July 15, 1976.

Attorney(s) appearing for the Case

J. Jeffrey Weisenfeld for appellants.

Francis J. Vogt, District Attorney (Michael Kavanagh and Edward M. P. Greene of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI and COOKE concur with Judge JASEN; Judge JONES concurs in result in a separate opinion; Judge WACHTLER concurs in part and dissents in part and votes to modify and order a new trial as to all defendants except Jane Doe in a separate opinion; Judge FUCHSBERG concurs in part and dissents in part and votes to modify and dismiss the indictment as to all defendants except Jane Doe, in another separate opinion.

JASEN, J.

Defendants Melvin Lemmons, Raymond Hardrick, Samuel Allen and Jane Doe1 were convicted, after a jury trial, of two counts of possession of a dangerous weapon, two loaded revolvers. The Appellate Division, with two Justices dissenting in part, affirmed the judgments of conviction, without opinion. (49 A.D.2d 639.) On this appeal, all four...

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