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PEOPLE v. COHEN

50 N.Y.2d 908 (1980)

The People of the State of New York, Respondent-Appellant, v. Patricia Cohen, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1980.

Attorney(s) appearing for the Case

Lewis R. Friedman, Richard M. Asche, Jack T. Litman, Herman Kaufman and Andrew Greene for appellant-respondent.

Carl A. Vergari, District Attorney (Janet Cunard of counsel), for respondent-appellant.

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

MEMORANDUM.

The order of the Appellate Division insofar as appealed from should be reversed. The defendant is entitled to a new trial on the count charging her with murder in the second degree and criminal possession of a weapon in the second degree. She should also be resentenced for her conviction of possession of a weapon in the third degree. However the case must be remitted first to the Appellate Division as to the charge...

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