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PEOPLE v. LINDSAY

42 N.Y.2d 9 (1977)

The People of the State of New York, Appellant, v. Robert Lindsay, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1977.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Alan Seth Adolph of counsel), for appellant.

Harry W. Turkel for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

On December 27, 1972 two men — one armed with a knife and the other with a gun — entered a Bronx bar. They took money from the cash register and from the three occupants: the bartender, Patrick Kennedy, and two patrons, Anthony Vitale and Peter Vandenberg. During the course of the robbery Vitale was shot and killed. In February, 1973 the defendant and Theodore Haywood were arrested and...

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