PEOPLE v. CUEVAS


67 A.D.2d 219 (1979)

The People of the State of New York, Respondent, v. Angel Cuevas, Appellant

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

March 20, 1979


Attorney(s) appearing for the Case

Todd Stern of counsel (William E. Hellerstein, attorney), for appellant.

Bruce Allen of counsel (Jerrold L. Neugarten with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

BIRNS, J. P., EVANS and FEIN, JJ., concur with SULLIVAN, J.; SILVERMAN, J., concurs in an opinion.


SULLIVAN, J.

On January 4, 1977, at approximately 10:30 P.M. Conrado Nunez, 51 years old, was returning to his home at 515 West 174th Street when he was confronted outside his fourth floor apartment by a man standing four or five feet away, pointing a black handgun at him. As the two stood face-to-face, the gunman said "Give me money." When Nunez, who had $80 on him, raised his hands and replied that he had none...

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