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PEOPLE v. BURDICK

66 A.D.2d 459 (1979)

The People of the State of New York, Respondent, v. Gary Lee Burdick, Appellant

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

February 28, 1979

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (William Hasenauer of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Adam Bernstein of counsel), for respondent.

CARDAMONE, J. P., SIMONS, HANCOCK, JR., and CALLAHAN, JJ., concur.

DOERR, J.

Defendant appeals from a judgment of the Monroe County Court convicting him of robbery in the second degree following a jury trial.

On November 29, 1974 at about 11:00 P.M. a robbery occurred at a service station in the Town of Greece, a Rochester suburb. The only direct testimony offered by the People of this event came from an employee of the station who was there alone at the time. He testified...

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