PEOPLE v. EVANS


85 A.D.2d 740 (1981)

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.

December 31, 1981


Judgment reversed, on the law, the plea of guilty is vacated, the motion to suppress is granted, and the matter is remitted to the County Court, Nassau County, for further proceedings.

On February 18, 1976 the defendant and his friend, Edwin Fuller, decided to rob a Tru-Value gasoline station in Farmingdale. Proceeding to the station, they robbed its 16-year-old attendant at gunpoint. Fuller then directed the boy to kneel in front of him with his head down and shot...

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