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  5. 78 N.Y.2d 996 (1991)
 

PEOPLE v. CARDWELL

78 N.Y.2d 996 (1991)

The People of the State of New York, Respondent, v. George Cardwell, Appellant. The People of the State of New York, Respondent, v. Herman Goss, Appellant.

Court of Appeals of the State of New York.

Decided September 19, 1991.

Attorney(s) appearing for the Case

David P. Greenberg and Philip L. Weinstein for George Cardwell, appellant.

Michael E. Lipson for Herman Goss, appellant.

John J. Santucci, District Attorney (Gary Fidel of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

In each case the order of the Appellate Division should be reversed and a new trial ordered.

Appellants George Cardwell and Herman Goss, along with a third codefendant Johnnie McCoy, were charged with two counts of second degree murder, one count of first degree robbery, and two counts of second degree criminal possession of a weapon. These charges arose from a robbery and fatal shooting at a Queens candy...

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