PEOPLE v. CABAN


79 A.D.2d 1031 (1981)

The People of the State of New York, Respondent, v. John Caban, Appellant

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

January 26, 1981


Judgment affirmed.

On August 1, 1977 Theodore Mark Stephens was shot and killed on a Brooklyn street. An eyewitness to the homicide told the police, and later testified in court, that the deceased had been approached and assaulted by a group of young men and that, in the course of the assault, one of the assailants had produced a gun and shot the deceased twice. The witness identified the gunman as the 17-year-old defendant, John Caban, whom he knew by sight. The...

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