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PEOPLE v. CIACCIO

47 N.Y.2d 431 (1979)

The People of the State of New York, Respondent, v. John Ciaccio, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Anthony V. Lombardino for appellant.

John J. Santucci, District Attorney (Joan L. Craig of counsel), for respondent.

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

GABRIELLI, J.

Defendant stands convicted of the crime of robbery, first degree, arising out of an alleged hijacking of a truck containing a shipment of sweaters. The Appellate Division affirmed the conviction, without opinion (60 A.D.2d 894) and, for the reasons that follow we are required to reverse that order and direct that a new trial be held.

While defendant assigns...

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