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PEOPLE v. Dell'ORFANO

72 A.D.2d 749 (1979)

The People of the State of New York, Respondent, v. John Joseph Dell'Orfano, Appellant

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

November 5, 1979

Judgment reversed, on the law and as a matter of discretion in the interest of justice, the case as against defendant John Joseph Dell'Orfano is severed from that as against his codefendant, and a new trial is ordered.

Appellant was indicted and tried, along with codefendant Kenneth Anthony Patterson, for robbery in the first degree and attempted murder, on charges arising out of a robbery at a store. In the course of the...

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