Judgment unanimously reversed, on the law, plea vacated, motion to suppress granted, and case remitted to Onondaga County Court for further proceedings on the indictment.
Memorandum:
Following defendant's April, 1972 indictment based upon the robbery of a Syracuse variety store and the shooting of the store clerk, the clerk died as a result of the wounds which he sustained during the robbery. The indictment included robbery, assault and attempted murder counts...
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