Order reversed, on the law, said motion denied and the first two counts of the indictment as to defendant Theodore Gist are reinstated.
The first two counts of the indictment charge defendants Theodore and Ralph Gist, brothers, with murder of Carlos Roman by shooting him with a rifle (Penal Law, § 125.25, subds. 1, 2). A witness testified before the Grand Jury that the brothers Gist were standing on a stoop firing into a crowd and that Ralph was armed with a...
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