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PEOPLE v. COATES

64 A.D.2d 1 (1978)

The People of the State of New York, Respondent, v. Larry Coates, Appellant

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

July 24, 1978

Attorney(s) appearing for the Case

Larry Coates, pro se and William E. Hellerstein (Andrew C. Fine of counsel), for appellant.

Eugene Gold, District Attorney (Peter A. Norling of counsel), for respondent.

GULOTTA and MARGETT, JJ., concur with RABIN, J.; TITONE, J. P., concurs in the result, with an opinion.

RABIN, J.

The appellant stands convicted of the felony murder (see Penal Law, § 125.25, subd 3) of an individual who won a substantial amount of money in a local dice game. The prosecution proceeded on the theory that the appellant and two others sought to forcibly retake their losses and that, in the course of this robbery, the luckless dice winner was mortally wounded...

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