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PEOPLE v. BRANCH

73 A.D.2d 230 (1980)

The People of the State of New York, Respondent, v. George N. Branch, Appellant

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

March 17, 1980

Attorney(s) appearing for the Case

Matthew Muraskin (Leslie P. Rudman and Michael J. Obus of counsel), for appellant.

Denis Dillon, District Attorney (George Freed and William C. Donnino of counsel), for respondent.

HOPKINS, J. P., and LAZER, J., concur with MARTUSCELLO, J.; COHALAN, J., concurs insofar as the majority has affirmed the conviction under count three of the indictment, but otherwise dissents and votes to reverse the conviction under count two of the indictment and to dismiss that count, with an opinion.

MARTUSCELLO, J.

On July 22, 1977 two robbers entered the Ridgewood Savings Bank. One of them stood guard with a gun while the other jumped over a counter, ordered the tellers to open their cash drawers which contained bank funds, and then took money from each drawer. A total of more than $27,000 was taken.

Based on these acts, the Nassau County Grand Jury, in an indictment dated August 10, 1977, charged...

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