PEOPLE v. BARNES


109 A.D.2d 179 (1985)

The People of the State of New York, Respondent, v. Larry Barnes, Appellant

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

July 12, 1985


Attorney(s) appearing for the Case

Rose H. Sconiers (Charles Halvorsen of counsel), for appellant.

Richard J. Arcara, District Attorney (J. Michael Marion of counsel), for respondent.

CALLAHAN, DENMAN and SCHNEPP, JJ., concur with HANCOCK, JR., J. P.; GREEN, J., concurs in a separate opinion.


HANCOCK, JR., J. P.

After his second jury trial on charges stemming from a stabbing death in Buffalo, defendant was convicted of felony murder, robbery, first degree, and criminal possession of a weapon, fourth degree. He was acquitted of intentional murder. The first trial had ended in a hung jury. Of several contentions raised on appeal, we address one which, in our opinion, requires a reversal and a new trial: that the court erred in excluding the...

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