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PEOPLE v. UNDERWOOD

52 N.Y.2d 882 (1981)

The People of the State of New York, Respondent, v. Benjamin Underwood, Appellant.

Court of Appeals of the State of New York.

Decided January 15, 1981.

Attorney(s) appearing for the Case

Barry M. Fallick for appellant.

Mario Merola, District Attorney (Harold Kenneth King, Jr., and Timothy J. McGinn of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be modified to provide that the sentences for robbery and assault run concurrently and, as so modified, affirmed.

Defendant was arrested in connection with an incident in which the victim was first approached by two men at the door to her apartment. The victim was knocked unconscious by her assailants and awoke moments later to see defendant kneeling on top of...

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