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PEOPLE v. SMITH

47 N.Y.2d 83 (1979)

The People of the State of New York, Respondent, v. Larry Smith, Also Known as Edward Charles Smith, Appellant.

Court of Appeals of the State of New York.

Decided May 8, 1979.

Attorney(s) appearing for the Case

Abraham Werfel for appellant.

John J. Santucci, District Attorney (John T. Wynne, Jr., of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER.

WACHTLER, J.

A jury convicted the defendant, Larry Smith, of robbery in the first degree (Penal Law, § 160.15, subd 2), possession of a weapon as a felony (Penal Law, § 265.05, subd 2), defacement of a weapon (Penal Law, § 265.10, subd 6), and unlawful imprisonment in the first degree (Penal Law, § 135.10). The Appellate Division unanimously modified by reversing the conviction for possession...

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