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PEOPLE v. OSUNA

65 N.Y.2d 822 (1985)

The People of the State of New York, Respondent, v. Roberto Osuna, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Monica Drinane and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Richard P. Marin and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, TITONE and BOOMER concur; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted after a jury trial of robbery in the first degree based primarily on identification testimony by the victim and inculpatory statements he made to the victim after being arrested. We agree with the majority at the Appellate Division that the error in admitting the testimony that the defendant's sister said to him, just after...

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