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  5. 73 N.Y.2d 214 (1989)
 

PEOPLE v. LOPEZ

73 N.Y.2d 214 (1989)

The People of the State of New York, Respondent, v. Freddie Lopez, Appellant. The People of the State of New York, Respondent, v. Hector Mendez, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Lawrence K. Marks and Philip L. Weinstein for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney of New York County (Michael Schwartz and Norman Barclay of counsel), for respondent in the first above-entitled action.

Richard Ware Levitt for appellant in the second above-entitled action.

Paul T. Gentile, District Attorney of Bronx County (Lynn M. Talutis and Michael R. Gordon of counsel), for respondent in the second above-entitled action.

Judges SIMONS, KAYE and BELLACOSA concur with Chief Judge WACHTLER; Judge TITONE concurs in result in a separate opinion in which Judges ALEXANDER and HANCOCK, JR., concur.

Chief Judge WACHTLER

In these two cases the defendants have been convicted of robbery in the first degree. The question common to the appeals is whether the evidence in each case is sufficient to prove that, during the course of the robbery, the defendant displayed what appears to be a firearm, the element necessary to elevate the crime to the first degree (Penal Law...

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