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PEOPLE v. IRBY

61 A.D.2d 386 (1978)

The People of the State of New York, Respondent, v. Colleen Irby, Also Known as Colleen MacKenzie, Appellant

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

February 27, 1978

Attorney(s) appearing for the Case

Nicholas A. Sordi, Jr., for appellant.

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

MOLLEN, P. J., and LATHAM, J., concur with SHAPIRO, J.; HOPKINS, J., dissents and votes to reverse the judgment and order a new trial, with an opinion.

SHAPIRO, J.

This is an appeal by defendant from a judgment of the County Court, Nassau County, rendered December 6, 1976, convicting her of murder in the second degree, burglary in the second degree, grand larceny in the second degree, possession of burglar's tools, possession of a weapon in the third degree and unlawful possession of noxious materials, upon a jury...

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