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PEOPLE v. ROSADO

64 A.D.2d 172 (1978)

The People of the State of New York, Respondent, v. Eduardo Rosado and Anibal Rodriguez, Appellants

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

October 12, 1978

Attorney(s) appearing for the Case

Harry W. Turkel for Eduardo Rosado, appellant.

Melvin N. Borowka of counsel (Borowka, Golomb & Muchnick, attorneys), for Anibal Rodriguez, appellant.

Timothy J. McGinn of counsel (Billie Manning with him on the brief; Mario Merola, District Attorney), for respondent.

MURPHY, P. J., LANE, MARKEWICH and LYNCH, JJ., concur.

SULLIVAN, J.

This case illustrates the pitfalls of a faultily drawn indictment, the defects in which, in this instance, require reversal of a conviction after jury verdict. The defendants were charged with acting in concert in the commission of robbery in the first degree (Penal Law, § 160.15, subd 2), robbery in the second degree (Penal Law, § 160.10, subd 1), and two counts of criminal possession...

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