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PEOPLE v. ROBINSON

145 A.D.2d 184 (1989)

The People of the State of New York, Respondent, v. Menthorn W. Robinson, III, Appellant

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

February 17, 1989

Attorney(s) appearing for the Case

Edward J. Nowak (Peter Pullano of counsel), for appellant.

Howard R. Relin, District Attorney (Melvin Bressler of counsel), for respondent.

BALIO, LAWTON and DAVIS, JJ., concur with DILLON, P. J.; BOOMER, J., dissents in an opinion and votes to hold the case, reserve decision, and remit the matter to Monroe County Court for a hearing pursuant to Batson v Kentucky ().

DILLON, P. J.

Defendant was charged in a two-count indictment with intentional murder in the second degree (Penal Law § 125.25 [1]) and depraved mind murder in the second degree (Penal Law § 125.25 [2]). The People offered proof at trial that on January 19, 1985 defendant punched and kicked the victim into a state of unconsciousness, bound him with electrical cord, transported him to a public park...

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