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PEOPLE v. ODIAT

82 N.Y.2d 872 (1993)

631 N.E.2d 108

609 N.Y.S.2d 166

The People of the State of New York, Respondent, v. Pedro Odiat, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 1993.

Attorney(s) appearing for the Case

Frances A. Gallagher, New York City, and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Howard B. Sterinbach and Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., SMITH and LEVINE concur; Judge BELLACOSA concurs on constraint of People v Favor (, 268), noting his dissent in that case.

MEMORANDUM.

The order of the Appellate Division should be modified and the case remitted to Supreme Court, Bronx County, for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Defendant was indicted, inter alia, on charges of robbery in the first and second degrees and assault in the first degree arising out of an alleged robbery of a Bronx grocery store proprietor. At a ...

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