PEOPLE v. KEITT


51 A.D.2d 1024 (1976)

The People of the State of New York, Respondent, v. Joseph C. Keitt, Appellant

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

March 15, 1976


Judgment affirmed.

No opinion.

Shapiro, J., dissents and votes to reverse the judgment and dismiss the indictment, with the following memorandum, in which Hopkins, Acting P. J., concurs:

In my opinion the People failed, as a matter of law, to establish defendant's guilt beyond a reasonable doubt. The uncontradicted evidence at the trial shows that, at 9:15 P.M. on June 17, 1974, two male Negroes robbed a Good Humor man in his ice cream vending truck...

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