People v. Lockwood — 44 N.Y. 769

Majority

p. 769

The People of the State of New York, Respondent, v Maurice Lockwood, Appellant.

Argued March 27,1978;

decided April 27,1978

p. 770

APPEARANCES OF COUNSEL

Norman A. Olch for appellant.

Mario Merola, District Attorney (Richard M. Joel and Alan D. Marrus of counsel), for respondent.

OPINION OF THE COURT

Order reversed, judgment of conviction vacated, and a new trial ordered on the dissenting opinion of Mr. Justice Louis J. Capozzoli at the Appellate Division (55 AD2d, at pp 20-25). See, also, People v Buxton ( 44 NY2d 33 ) involving a situation close to that in this case except that the circumstances here, as detailed in the dissenting opinion at the Appellate Division, are even stronger in dictating reversal.

p. 771

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.