Order affirmed.
Defendant stands convicted of an attempted robbery in a Wetsons restaurant on May 25, 1970, and murdering off-duty Police Officer Miguel Sirvent during the course of the attempted robbery. He was charged in the indictment with acting in concert with another person actually present, never apprehended or identified. At the trial, defendant was positively identified as the perpetrator by Lorraine Hawthorne, an employee of Wetsons, and Oliver Ross, a friend...
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