PEOPLE v. GREEN


57 A.D.2d 183 (1977)

The People of the State of New York, Respondent, v. Robert Green, Also Known as Richard Grant, Appellant

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

May 2, 1977


Attorney(s) appearing for the Case

William E. Hellerstein and William J. Gallagher (Marvin E. Schechter of counsel), for appellant.

Eugene Gold, District Attorney (Claire Friedman of counsel), for respondent.

DAMIANI, Acting P. J., RABIN and SUOZZI, JJ., concur with SHAPIRO, J.; TITONE, J., dissents and votes to affirm the judgment, with an opinion.


SHAPIRO, J.

This is an appeal from a judgment of the Supreme Court, Kings County, rendered April 30, 1976, convicting defendant-appellant, after a plea of guilty, of the crime of attempted criminal possession of a weapon in the third degree, a class E felony (Penal Law, §§ 110.00, 265.02), and sentencing him to a term of imprisonment with a minimum of 1 ½ years and a maximum of 3 years.

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