PEOPLE v. BROWN


62 A.D.2d 715 (1978)

The People of the State of New York, Respondent, v. George Brown, Appellant

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

June 6, 1978


Attorney(s) appearing for the Case

Jane B. Malmo of counsel (William E. Hellerstein, attorney), for appellant.

Richard M. Joel of counsel (Allan D. Marrus with him on the brief; Mario Merola, District Attorney), for respondent.

EVANS, LANE and SANDLER, JJ., concur with BIRNS, J. P.; MARKEWICH, J., dissents in an opinion.


BIRNS, J. P.

We would affirm the convictions of defendant for murder (two counts), robbery in the first degree and possession of a weapon as a felony.

The evidence to support the convictions was overwhelming and this conclusion is accepted by the dissent. We are divided over the issue whether defendant had a fair trial.

Subjectively, opinions may vary on the issue whether a trial was fair, but...

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