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PEOPLE v. BARRY

100 A.D.2d 803 (1984)

The People of the State of New York, Appellant, v. Mervin Barry, Respondent

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

April 19, 1984

¶ On March 12, 1981, defendant and an accomplice, using what appeared to be a knife, robbed Thomas Tamberelli in Union Square Park, stealing his neck chain. Apprehended within minutes and positively identified at the scene, defendant was convicted of robbery in the second degree ("aided by another person actually present") but acquitted of grand larceny in the third degree. One month after the verdict defendant moved to set...

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