PEOPLE v. MURRAY


92 A.D.2d 617 (1983)

The People of the State of New York, Respondent, v. Herbert Murray, Appellant

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

February 28, 1983


Judgment affirmed.

Defendant was initially tried under an indictment charging him with intentional murder, felony murder (the underlying felony being robbery), robbery in the first degree and criminal possession of a weapon in the second degree. At the conclusion of the evidentiary portion of the trial, the court dismissed the robbery charge for insufficiency of evidence but submitted the remaining counts plus an additional count of attempted robbery to the jury....

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