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PEOPLE v. CWIKLA

60 A.D.2d 40 (1977)

The People of the State of New York, Respondent, v. Roger Cwikla and Wilfred Ford, Appellants

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

December 8, 1977

Attorney(s) appearing for the Case

Henry Winestine of counsel (William J. Gallagher and William E. Hellerstein, attorneys), for Roger Cwikla, appellant.

Eleanor Jackson Piel for Wilfred Ford, appellant.

Allen H. Saperstein of counsel (Mario Merola, District Attorney), for respondent.

LANE and LYNCH, JJ., concur with BIRNS, J. P.; MARKEWICH, J., concurs as to defendant Cwikla and dissents as to defendant Ford, in an opinion.

BIRNS, J. P.

Defendants were indicted for the crimes of felony murder, common-law murder, possession of a dangerous instrument as a misdemeanor and two counts of burglary in the first degree (Penal Law, § 140.30, subds 2 and 3).

They were convicted, after a jury trial, of possession of a dangerous instrument as a misdemeanor and burglary in the first degree (Penal Law, § 140.30, subd 3) and acquitted...

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