PEOPLE v. MALCOLM


35 A.D.2d 1037 (1970)

The People of the State of New York, Respondent, v. Daniel Malcolm, Appellant

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

December 21, 1970


On July 26, 1969, shortly after 12:00 A.M., Sidney Smith, an 82-year-old man, was attacked and robbed of some $32 as he was about to enter his apartment building in Troy. Defendant was charged with this crime, and following a trial was found guilty of robbery, third degree. He raises three issues on this appeal. First, that the verdict was against the weight of evidence; second, that the court erred in permitting the testimony of one John O'Connor to be read into evidence...

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