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PEOPLE v. LEE

102 A.D.2d 540 (1984)

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

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

July 9, 1984

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Thelma Lee of counsel), for appellant.

James P. Harding for respondent.

GIBBONS, J. P., O'CONNOR, BOYERS and LAWRENCE, JJ., concur.

Per Curiam.

In this case, defendant was indicted and tried for two counts of robbery, under virtually identical theories. The first count charged defendant with robbery in the second degree, alleging that "[t]he defendant acting in concert with another person on or about April 10, 1981 * * * being aided by another person actually present, forcibly stole certain property, to wit: A gold necklace" from complainant. The second count charged defendant with robbery...

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