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PEOPLE v. LOCKWOOD

44 N.Y.2d 769 (1978)

The People of the State of New York, Respondent, v. Maurice Lockwood, Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1978.

Attorney(s) appearing for the Case

Norman A. Olch for appellant.

Mario Merola, District Attorney (Richard M. Joel and Alan D. Marrus of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order reversed, judgment of conviction vacated, and a new trial ordered on the dissenting opinion of Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division (55 AD2d, at pp 20-25). See, also, People v Buxton (44 N.Y.2d 33) involving a situation close to that in this case except that the circumstances here, as detailed in the dissenting opinion at the Appellate Division, are even stronger in dictating...

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