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PEOPLE v. MULLIN

41 N.Y.2d 475 (1977)

The People of the State of New York, Respondent, v. Francis Mullin, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1977.

Attorney(s) appearing for the Case

Eugene L. Shapiro, William E. Hellerstein and Lynn W. L. Fahey, New York City, for appellant.

Nicholas Ferraro, District Attorney (Howard W. Newman and Bruce E. Whitney, of counsel), Kew Gardens, for respondent.

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

WACHTLER, J.

A jury found the defendant, Francis Mullin, guilty of robbery in the first degree, assault in the second degree and criminal impersonation. He was sentenced to concurrent sentences of eight and one-third to 25 years on the robbery count, zero to seven years on the assault charge, and one year for criminal impersonation. The primary issue on this appeal is whether the prosecution's introduction of...

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