The People of the State of New York, Respondent,
v.
Thomas Alaxanian, Appellant
The People of the State of New York, Respondent,
v.
Charles Lanier, Jr., Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
July 31, 1980
July 31, 1980
Attorney(s) appearing for the Case
James D. Linnan for Thomas Alaxanian, appellant.
Jay Goldberg, P. C., and Hoffman Pollok Mass & Gasthalter (John L. Pollok of counsel), for Charles Lanier, Jr., appellant.
Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.
GREENBLOTT, MAIN and MIKOLL, JJ., concur with HERLIHY, J.; MAHONEY, P. J., dissents and votes to reverse in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, Third Department.
HERLIHY, J.
Defendants Thomas Alaxanian and Charles Lanier were indicted for the crimes of robbery in the first degree and assault in the second degree. It was the People's theory that on August 12, 1978, the defendants and three other men traveled to the home of William Livingston in Berne, New York, where they stole his property, consisting of money and furniture, while using physical force and a dangerous...
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