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PEO. EX REL. LEVENTHAL v. WARDEN

102 A.D.2d 317 (1984)

The People of the State of New York ex rel. Steven Leventhal, on Behalf of Jose Agosta, Respondent, v. Warden of Rikers Island, or Any Other Person Having Custody of the Defendant, Appellant In the Matter of Robert M. Morgenthau, as District Attorney of New York County, on Behalf of The People of the State of New York, Respondent, v. Shirley R. Levittan, as Judge of the Criminal Court of The City of New York, et al., Appellants

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

June 19, 1984

Attorney(s) appearing for the Case

Michele Maxian of counsel (Steven G. Asin and Bennett M. Lincoff with her on the briefs; Caesar D. Cirigliano, attorney), for Jose Agosta, respondent in Appeal No. 19327 and for Jose Agosta, appellant in Appeal No. 19328.

Mark Dwyer of counsel (Emily Berger and Clara S. Licata with him on the briefs; Robert M. Morgenthau, District Attorney, attorney), for the People of the State of New York.

SULLIVAN, BLOOM and MILONAS, JJ., concur with ASCH, J.; KUPFERMAN, J. P., dissents in an opinion.

ASCH, J.

The court is faced with two separate but related appeals arising out of a crime committed on February 11, 1983. On that date, the relator respondent (defendant hereafter), a 22 year old, accosted an 88-year-old man in a men's room in the Port Authority bus terminal in Manhattan, punched him in the face, grabbed and took his eyeglasses. The defendant was arrested immediately. A felony complaint was sworn...

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