PEOPLE v. DANIELS


88 A.D.2d 392 (1982)

The People of the State of New York, Respondent, v. Charles Daniels, Appellant

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

August 16, 1982


Attorney(s) appearing for the Case

William E. Hellerstein (Alan S. Axelrod of counsel), for appellant.

John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.

DAMIANI, J. P., GIBBONS and BOYERS, JJ., concur.


O'CONNOR, J.

Maurice Simms, 10 years old, had just finished his lunch, his mother had left the room to go visiting and he was all alone in their fifth floor apartment watching television. He heard a scream and, as he looked out the living room window onto the third floor roof of the adjacent building, some 50 to 100 feet away, he saw a man wearing blue Lee pants and a plaid shirt, dragging a little baby across the roof. As he watched, they disappeared...

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