PEOPLE v. WHITE


67 A.D.2d 571 (1979)

The People of the State of New York, Respondent, v. Samuel White, Appellant

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

May 10, 1979


Attorney(s) appearing for the Case

Gary R. Sunden for appellant.

Steven J. Shapero of counsel (Norman A. Bloch with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

KUPFERMAN, J. P., LANE and LYNCH, JJ., concur with LUPIANO, J.; SILVERMAN, J., dissents in an opinion.


LUPIANO, J.

On February 2, 1976, at approximately 9:30 P.M., a grocery store was robbed by three men. One of the owners identified defendant as one of the perpetrators. Defendant was also identified by a brother of the owner who, standing behind a meat refrigerator in the store, viewed defendant through the glass sides of the refrigerator. This robbery, of some five minutes' duration, occurred under generally...

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