General
The People of the State of New York, Respondent, v. James R. Johnson, Appellant
37 A.D.2d 881·New York Supreme Court, Appellate Division·1971·NY
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Opinion
(October 22, 1971)
The People of the State of New York, Respondent, v. James R. Johnson, Appellant.
[MAJORITY]
Motion granted. Opinion amended by deleting the sentence thereof which would reverse in the interests of justice. Decision dated July 15, 1971 [37 A D 2d 218] amended to provide “ Judgment reversed, on the law, and a new trial ordered.” Order entered July 23, 1971 resettled to provide “ Ordered that the judgment of conviction, be and hereby is reversed, on the law, and a new trial ordered. Questions of fact have been considered and the court affirms the facts and would not grant a new trial on the facts ”. Reynolds, J. P., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.