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PEOPLE v. DINKINS

76 A.D.2d 655 (1980)

The People of the State of New York, Respondent, v. Richard Dinkins, Appellant

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

August 28, 1980

Attorney(s) appearing for the Case

Robert S. Dean of counsel (William E. Hellerstein, attorney), for appellant.

Carlos E. Mendez-Penate of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

ROSS and CARRO, JJ., concur with FEIN, J. P.; SILVERMAN, J., concurs in an opinion.

FEIN, J. P.

Upon defendant's appeal from a judgment of the Supreme Court, New York County, rendered on July 27, 1977 convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, we reversed the judgment and remanded the case for a new trial (69 A.D.2d 384). The grounds of our reversal were that defendant had been denied a fair trial because...

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