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PEOPLE v. VICTOR

94 A.D.2d 289 (1983)

The People of the State of New York, Respondent, v. Leon Victor, Appellant

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

June 28, 1983

Attorney(s) appearing for the Case

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

Alexandra Valicenti of counsel (Billie Manning with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

FEIN and MILONAS, JJ., concur with ALEXANDER, J.; ROSS, J. P., and SILVERMAN, J., dissent in an opinion by SILVERMAN, J.

ALEXANDER, J.

Defendant was charged in two separate indictments with the robbery of a luncheonette located in The Bronx at 167th Street and Whittier Avenue, owned by Ralph "Bright Eyes" Smith on October 30, 1978, and on December 15, 1978. His motion to consolidate the indictments for trial was granted without opposition, and after trial, the jury acquitted him of the October 30, 1978, robbery but convicted him of the December 15, 1978 robbery.

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