PEOPLE v. CONDON


26 N.Y.2d 139 (1970)

The People of the State of New York, Appellant, v. Lawrence James Condon, Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1970.


Attorney(s) appearing for the Case

William Cahn, District Attorney (Henry P. DeVine of counsel), for appellant.

Matthew Muraskin, James J. McDonough and Harry Peltz, Jr. for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON concur with Judge SCILEPPI; Judge JASEN dissents and votes to reverse in a separate opinion.


SCILEPPI, J.

The indictment charged defendant with the armed robbery of Hiram Green's Liquor Store in Hicksville, Long Island (Nassau County) on November 27, 1965.

On the trial, the totality of the direct evidence against the defendant consisted of eyewitness testimony of a clerk who was on duty in the liquor store at the time of the robbery. In addition to this direct evidence, there was extensive testimony...

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