PEOPLE v. WALKER


64 A.D.2d 540 (1978)

The People of the State of New York, Respondent, v. Kenneth Walker, Appellant

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

July 11, 1978


John Clark was ascending a stairway in a brownstone building when suddenly there was a melee between defendant, codefendant Ashland, and Clark. It was the prosecution's theory, accepted by the jury, that the other two attacked Clark; indeed, at one point, defendant put his hand in Clark's pocket. Others joined the battle on Clark's side. In any event, it appears that defendant fell or was kicked down the stairs. Clark's briefcase similarly went to the bottom of the stairs...

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