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  5. 43 N.Y.2d 116 (1977)
 

PEOPLE v. GRUTTOLA

43 N.Y.2d 116 (1977)

The People of the State of New York, Respondent, v. Joseph Gruttola, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Lynn W. L. Fahey and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Ann Elizabeth Lewis, Peter L. Zimroth and Robert M. Pitler of counsel), for respondent.

Judges JASEN, FUCHSBERG and COOKE concur with Judge GABRIELLI; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge WACHTLER concur.

GABRIELLI, J.

The defendant stands convicted of robbery in the first degree, two counts of assault in the first degree, three counts of attempted assault in the first degree and possession of a weapon as a felony, all following a jury trial. These charges stem from the armed robbery of O'Lunney's Steak House in New York City, during which a patron and a police officer were shot by the robber. The Appellate Division...

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