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PEOPLE v. GANTT

136 A.D.2d 651 (1988)

The People of the State of New York, Respondent, v. Brian B. Gantt, Appellant

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

January 19, 1988

Ordered that the judgment is modified, on the law, by reversing the conviction of petit larceny, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.

The evidence supports the hearing court's finding that the showup identification which occurred within a block and a half of the scene of the crime, approximately five minutes after the robbery, was appropriately...

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