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PEOPLE v. ALI

44 A.D.2d 232 (1974)

The People of the State of New York, Respondent, v. Nasar Ali, Appellant

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

April 18, 1974.

Attorney(s) appearing for the Case

Richard A. Greenberg of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

T. James Bryan of counsel (Michael R. Juviler with him on the brief; Richard H. Kuh, District Attorney), for respondent.

STEUER, J., concurs with LANE, J.; CAPOZZOLI, J., concurs in an opinion; KUPFERMAN, J. P., and MURPHY, J., dissent in an opinion by MURPHY, J.

LANE, J.

Defendant, Nasar Ali, owned a grocery store in upper Manhattan. On September 19, 1971, the defendant's estranged wife, Frances, was driven to the store by a friend of the family. Mrs. Ali entered the store to retrieve a television set. The Alis had words and Mrs. Ali left the store and put the television set in the back of the station wagon. While she was re-entering the station wagon, she heard shots...

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