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PEOPLE v. LOWRANCE

41 N.Y.2d 303 (1977)

The People of the State of New York, Respondent, v. Jory Lowrance, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Elliot Schnapp and William E. Hellerstein, New York City, for appellant.

Mario Merola, District Attorney (Billie Manning of counsel), Bronx, for respondent.

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

MEMORANDUM.

That part of the order of the Appellate Division, as appealed from and which affirmed a judgment of Supreme Court, Bronx County, convicting defendant, on his plea of guilty, of attempted burglary in the third degree and imposing sentence, should be affirmed.

Defendant was convicted, after a jury trial, of attempted assault in the first degree, reckless endangerment in the first degree and possession of...

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