PEOPLE v. BAKER


103 A.D.2d 749 (1984)

The People of the State of New York, Respondent, v. William Baker, Appellant

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

July 2, 1984


¶ Judgment reversed, on the law, and as a matter of discretion in the interest of justice, and new trial ordered.

¶ Defendant and his two codefendants were jointly indicted and tried for robbery in the first degree and criminal possession of a weapon in the third degree. All three were acquitted of the robbery but convicted of the weapons charge based upon the recovery of a gun by the police from a paper bag which defendant was carrying at the time of his...

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