PEOPLE v. CLARK


41 N.Y.2d 612 (1977)

The People of the State of New York, Respondent, v. Dwight Clark, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1977.


Attorney(s) appearing for the Case

Michael J. O'Bus, James J. McDonough, Matthew Muraskin and Eugene Murphy, Mineola, for appellant.

Denis Dillon, District Attorney (Martin I. Saperstein, William C. Donnino and W. Russell Corker of counsel), Mineola, for respondent.

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


GABRIELLI, J.

On the evening of September 30, 1974 three masked bandits entered the home of Manuel Abate, threatened him and his children, and robbed him of a valuable old coin collection, a diamond ring, and an amount of cash. One of the three men wore a bandanna which, during the course of the robbery, slid down exposing his face. The evidence disclosed that during the three-minute period when Abate was emptying...

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