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PEOPLE v. BARNES

50 N.Y.2d 375 (1980)

The People of the State of New York, Appellant, v. John Barnes, Respondent.

Court of Appeals of the State of New York.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (A. David Stern of counsel), for appellant.

Martha L. Conforti and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

Defendant stood convicted of attempted burglary in the third degree (Penal Law, §§ 110.00, 140.20) and attempted petit larceny (Penal Law, §§ 110.00, 155.25) following a nonjury trial in Supreme Court.1 On appeal, a divided Appellate Division reversed, on the law, the judgment of conviction and dismissed the indictment, holding that "[t]he guilt of the...

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