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PEOPLE v. DAVIS

92 A.D.2d 177 (1983)

The People of the State of New York, Respondent, v. Charles Davis, Appellant

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

March 8, 1983

Attorney(s) appearing for the Case

Judith L. Turnock of counsel (William E. Hellerstein, attorney), for appellant.

Allen H. Saperstein of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., and BLOOM, J., concur with ROSS, J.; CARRO and KASSAL, JJ., dissent in separate opinions.

ROSS, J.

Since June 15, 1979 the defendant, who was 28 years old and who had twice been convicted of violent felonies, was a fugitive from justice. On May 22, 1979 this court unanimously affirmed (70 A.D.2d 549) defendant's conviction and sentence concerning another crime unrelated to the instant proceeding. A Bronx jury, in 1978, had convicted him of robbery in the second...

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