PEOPLE v. NIVAL


33 N.Y.2d 391 (1974)

The People of the State of New York, Respondent, v. Herbert Nival, Appellant.

Court of Appeals of the State of New York.

Decided February 21, 1974.


Attorney(s) appearing for the Case

Eugene Murphy, James J. McDonough, Matthew Muraskin and Victor Ort for appellant.

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

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.


JASEN, J.

On the afternoon of March 12, 1971, Mrs. Starsy Wesey was working in her store, the Great Neck Garden Center, when two men held her up. The robbers fled but were apprehended within a short time and brought back to the scene of the crime. There, in the presence of Detective Joseph Ohlhausen, Mrs. Wesey positively identified the appellant and his accomplice. Subsequent to this identification, appellant...

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