PEOPLE v. BRACEY


48 A.D.2d 860 (1975)

The People of the State of New York, Respondent, v. William Bracey, Appellant

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

June 9, 1975


Judgment reversed, on the law, and indictment dismissed.

Defendant and another, Tyrell Foster, were arrested and charged with attempted robbery in the second degree and unlawful possession of a weapon (a loaded, operable pellet gun) as a misdemeanor. The testimony of the complainant, the only witness to the res gestae, was to the effect that defendant had been parked outside of the complainant's store without any license plates on his vehicle. Foster, who had...

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