PEOPLE v. JOHNSON


64 A.D.2d 907 (1978)

The People of the State of New York, Respondent, v. Robert Johnson, Appellant

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

August 7, 1978


Judgment reversed, on the law, motions granted, count one of the indictment is dismissed and a new trial is ordered as to the crimes of robbery in the third degree and grand larceny in the second degree, or any lesser included offenses thereof.

Early on the morning of April 23, 1976, Robert Sams and Jerome Rhoades were sitting in Sams' gold and white 1974 Cadillac, license plate 953 BVH, in the garage of Sams' apartment building. Someone approached from behind the...

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