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PEOPLE v. JOHNSON

78 A.D.2d 298 (1981)

The People of the State of New York, Respondent, v. Peter Johnson, Appellant

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

January 6, 1981

Attorney(s) appearing for the Case

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

Marguerette Hosbach of counsel (Jerrold L. Neugarten with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

BIRNS and FEIN, JJ., concur with SANDLER, J.; KUPFERMAN, J. P. and LUPIANO, J., dissent in an opinion by KUPFERMAN, J. P.

SANDLER, J.

Defendant and a codefendant, Feliciano Diaz, were convicted after a jury trial of attempted robbery in the second degree. The complaining witness, Anthony Gondar, testified in substance that the defendant, the codefendant Diaz, another youth, Arcadia Checo (who absconded prior to the trial) and a juvenile named Vincent O. all participated in the assault on him. A second witness testified to observing...

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