PEOPLE v. FORESTIERI


87 A.D.2d 523 (1982)

The People of the State of New York, Respondent, v. Nicholas Forestieri, Appellant

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

March 11, 1982


Unanimously reversed, on the law, and the indictment dismissed.

The evidence, as presented at the trial, may be simply stated. Two witnesses, who knew defendant, saw him at about 3:00 P.M. in an auto, variously described as either brown or maroon, owned by his father; he was joined therein by the deceased; the witnesses learned about 20 minutes later that the deceased had been shot. A youngster of about nine years — eight at the time of the occurrence —...

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