Defendant had been the victim of an attempted robbery by Lopez and Delgado. Defendant returned with his cousin Alicea. Alicea was carrying a black pistol inside a brown bag. Delgado ran into a building and Lopez was following. Lopez was shot and Delgado, looking out of a second-story window, saw Alicea in front of the building pointing the same gun as Delgado had seen previously. Vargas and Alicea were tried jointly. We have sustained the conviction of Alicea (
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PEOPLE v. VARGAS
47 A.D.2d 869 (1975)
The People of the State of New York, Respondent, v. Fernando Vargas, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 3, 1975
April 3, 1975
Appellate Division of the Supreme Court of the State of New York, First Department.
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