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  5. 69 N.Y.2d 781 (1987)
 

PEOPLE v. RICE

69 N.Y.2d 781 (1987)

The People of the State of New York, Respondent, v. Willie Rice, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1987.

Attorney(s) appearing for the Case

Hillard Wiese and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Michael H. Warren and Norman Barclay of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur; Judge HANCOCK, JR., dissents and votes to reverse in an opinion in which Judges ALEXANDER and TITONE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was indicted on several charges, including murder in the second degree, attempted murder in the second degree and robbery, arising out of the stabbing of Jesse Horton and Lawrence Worley. Horton died of the wounds, but Worley survived the attack and died later in an unrelated subway incident. Defendant was acquitted of the attempted murder of Worley. The robbery charges were dismissed...

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