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PEOPLE v. JOHNSON

64 A.D.2d 140 (1978)

The People of the State of New York, Respondent, v. James Richard Johnson, Appellant

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

September 28, 1978

Attorney(s) appearing for the Case

James M. Barber for appellant.

Patrick D. Monserrate, District Attorney (Gary L. Sharpe of counsel), for respondent.

STALEY, JR., and MIKOLL, JJ., concur with GREENBLOTT, J.; MAHONEY, P. J., and MAIN, J., dissent and vote to reverse in an opinion by MAHONEY, P. J.

GREENBLOTT, J.

On February 10, 1977 the defendant was indicted upon a single indictment which contained two counts. The first charged the defendant with possession of heroin on or about December 26, 1976 and the second accused him of committing burglary in the third degree on the same day.

The facts are significant since they reveal a close relationship between the two counts of the indictment. Having...

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