PEOPLE v. MITCHELL


114 A.D.2d 978 (1985)

The People of the State of New York, Respondent, v. Brian Mitchell, Appellant

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

November 18, 1985


Judgment affirmed.

We note at the outset that the proof against defendant was overwhelming. Complainant testified at trial that his car had been stolen from him at gunpoint by defendant. Defendant admitted the theft, but denied that a gun had been involved, testifying that he had found the car with the keys in the ignition and had driven off in it, never having seen complainant as more than a shadow in the driveway.

Defendant contends here that it was error...

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