PEOPLE v. TURNER


73 A.D.2d 56 (1980)

The People of the State of New York, Respondent, v. Robert Turner, Appellant

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

February 19, 1980


Attorney(s) appearing for the Case

Brent K. Olsson of counsel (William E. Hellerstein, attorney), for appellant.

Jerrold L. Neugarten of counsel (Robert M. Morgenthau, District Attorney, attorney), for respondent.

ROSS, J., concurs with FEIN, J.; KUPFERMAN, J., concurs in result only; MURPHY, P. J., and SULLIVAN, J., dissent in an opinion by SULLIVAN, J.


FEIN, J.

We are all agreed that the evidence on which the defendant was convicted of robbery for his complicity in the holdup of a bar was entirely circumstantial. The evidence upon which the conviction was based is fairly described in the dissent, which concludes that it was insufficient for a conviction and that the indictment must be dismissed. We disagree. The evidence, albeit circumstantial, was sufficient, if believed by the jury, to support the...

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