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PEOPLE v. BRACEY

41 N.Y.2d 296 (1977)

The People of the State of New York, Appellant, v. William Bracey and Tyrell Foster-Bey, Indicted as Tyrell Foster, Respondents.

Court of Appeals of the State of New York.

Decided February 17, 1977.

Attorney(s) appearing for the Case

Nicholas Ferraro, District Attorney (Gary C. DiLeonardo of counsel), Kew Gardens, for appellant.

Julia P. Heit, New York City, for William Bracey, respondent.

Allen E. Burns and William E. Hellerstein, New York City, for Tyrell Foster-Bey, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

A jury found the defendants guilty of attempted robbery in the second degree (Penal Law, §§ 110.00, 160.10) and unlawful possession of a weapon as a misdemeanor (Penal Law, § 265.05, subd 9). The Appellate Division held that the evidence is insufficient to sustain the convictions and the People have appealed. The primary question is whether there is sufficient evidence from which...

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