PEOPLE v. JOYNER


32 A.D.2d 260 (1969)

The People of the State of New York, Respondent, v. Vernon Joyner, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 24, 1969.


Attorney(s) appearing for the Case

John Nicholas Iannuzzi for appellant.

Lewis R. Friedman of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

MARKEWICH, J., concurs with McNALLY, J.; NUNEZ, J., concurs in opinion. McGIVERN, J. P., and BASTOW, J., dissent in separate opinions, each concurring with the other.


McNALLY, J.

The record, in the absence of prejudicial error, would sustain the verdict of defendant's guilt of felony murder. Appellant relies on several assignments of error, of which we find all but two without merit.

The evidence enabled the jury to find either that the killing was sequential to a robbery or attempted robbery, or that the killing preceded the robbery or its attempt. Defendant requested...

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