PEOPLE v. FELDER


45 A.D.2d 587 (1974)

The People of the State of New York, Respondent, v. Leonard Felder, Appellant

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

October 31, 1974.


Attorney(s) appearing for the Case

Alfred P. Kremer for appellant.

Jack B. Lazarus, District Attorney (Christopher J. Enos of counsel), for respondent.

SIMONS, MAHONEY and GOLDMAN, JJ., concur with MOULE, J. P.; CARDAMONE, J., dissents and votes to reverse the judgment and grant a new trial in an opinion.


MOULE, J. P.

Anderson, Brunson and others were the participants in a card game in the back room of a pool hall in Rochester on the evening of March 21, 1972. Brunson was a winner and Anderson a loser. Anderson, after having lost all of his money, left the premises and in 30 minutes returned with defendant and they both stood about eight feet from Brunson. Anderson saw that Brunson had about $400 in his hand and said to defendant, "We got to have that...

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