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People v. Cespi

182 A.D.2d 582 Court N.Y. App. Div. Decision date 1992-04-28 English

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p. 582
The People of the State of New York, Respondent, v Richard Cespi, Appellant.

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered February 1, 1989, convicting defendant, after a jury trial, of robbery in the first degree and sentencing him, as a second violent felony offender, to a term of imprisonment of 9 to 18 years, unanimously reversed, on the law and the facts, and as a matter of discretion in the interest of justice, and the case remanded for a new trial.

Defendant’s conviction is reversed for the reasons set forth in the memorandum decision in the appeal of the codefendant Jerome Dudley ( 167 AD2d 317 ; see also, People v Varona, 167 AD2d 322 ; People v Gray, 169 AD2d 477 ).

We have reviewed defendant’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Rosenberger, Ellerin and Asch, JJ.

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