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PEOPLE v. TIMLIN

99 A.D.2d 296 (1984)

The People of the State of New York, Respondent, v. John A. Timlin, Appellant

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

March 8, 1984

Attorney(s) appearing for the Case

John L. Perticone (Leonard Kessler of counsel), for appellant.

Patrick H. Mathews, District Attorney (Rita Connerton of counsel), for respondent.

MAHONEY, P. J., and YESAWICH, JR., J., concur with MAIN, J.; CASEY, J., concurs in an opinion; LEVINE, J., dissents and votes to modify in a separate opinion.

MAIN, J.

Defendant was indicted for robbery in the second degree and, after a jury trial, was convicted as charged and sentenced to an indeterminate term of imprisonment of 3 to 9 years. Viewing the evidence in the light most favorable to the People because of the conviction (see People v Kennedy, 47 N.Y.2d 196, 203), the record reveals that on December 18, 1981, one Vincent Caruso entered the Giant Food Store...

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