PEOPLE v. EVANS


70 A.D.2d 886 (1979)

The People of the State of New York, Respondent, v. Donald Evans, Appellant

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

June 4, 1979


Judgment reversed, on the law, motion granted, plea vacated, and case remitted to the County Court for further proceedings consistent herewith.

On February 18, 1976 the defendant and his accomplice, Edwin "Eddie" Fuller, entered the Tru-Value gas station in Farmingdale, Long Island, and ordered the 16-year-old attendant to hand over all of the money. The attendant gave them the money in the cash register. At this point, Fuller ordered the boy to kneel down facing...

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