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PEOPLE v. JENKINS

85 A.D.2d 265 (1982)

The People of the State of New York, Respondent, v. Walter Jenkins, Appellant

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

March 4, 1982

Attorney(s) appearing for the Case

H. B. Comet for appellant.

H. B. Wilson, III for respondent.

FEIN and SULLIVAN, JJ., concur in an opinion by FEIN, J.; SILVERMAN, J., concurs in a separate opinion; KUPFERMAN, J. P., and BLOOM, J. dissent in an opinion by BLOOM, J.

MEMORANDUM.

Judgment, Supreme Court, Bronx County (McNAB, J.), rendered on September 4, 1979, convicting defendant of robbery in the first and second degrees, and assault in the second degree (Indictment No. 2129/78), reversed, on the law and the facts, the indictment dismissed, and the matter remitted to the trial court for the purpose of entering an order in favor of the accused pursuant to CPL 160.50, not less than 30 days after service of a copy of this court...

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