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PEOPLE v. ROBINS

125 A.D.2d 721 (1986)

The People of the State of New York, Respondent, v. Robert Robins, Appellant

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

December 31, 1986

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

At approximately 8:15 A.M. in the morning of July 5, 1979, James Ray was working in his auto repair shop when he was approached by two men who asked for a boost from a battery. Mr. Ray answered that he could not help them, but the men continued to approach. When they came nearer to Ray, one of the men...

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