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PEOPLE v. SMITH

81 A.D.2d 898 (1981)

The People of the State of New York, Respondent, v. Arthur D. Smith, Appellant

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

May 18, 1981

Judgment affirmed.

No opinion.

Titone, J. P., dissents and votes to reverse the judgment and order a new trial, with the following memorandum, in which Mangano, J., concurs.

Defendant was charged with robbery in the first degree, pursuant to subdivision 4 of section 160.15 of the Penal Law, in that he forcibly stole property and displayed what appeared to be a pistol, revolver or other firearm in the course of the crime. Defendant made...

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