(DOWNLOAD) "People State New York v. Irving Gaines" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Irving Gaines
- Author : Supreme Court of New York
- Release Date : January 11, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[122 A.D.2d 565 Page 565] Case held, decision reserved, motion to relieve counsel's assignment granted, and new counsel to be assigned. Memorandum: Our review of the record reveals at least three non-frivolous issues which arguably could support reversal or modification of the judgment convicting defendant of robbery in the third degree and grand larceny in the third degree: defense counsel purported to waive defendant's presence at the Wade/Huntley hearing (see, People v Anderson, 16 N.Y.2d 282, 286-288), absent any showing that defendant had been apprised by either the court or counsel of the nature of his right to be present and the consequences of his failure to appear (see, People v Parker, 57 N.Y.2d 136, 141); two separate showups were conducted in such fashion that either the two witnesses or the witnesses and the victim were asked simultaneously to view and identify the defendant (see, People v Adams, 53 N.Y.2d 241, 249); the court submitted two counts to the jury, one of which, grand larceny in the third degree (Penal Law § 155.30 [5]), may be a lesser inclusory count of the other, robbery in the third degree (Penal Law § 160.05; see, People v Acevedo, 40 N.Y.2d 701, 707).
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