PEOPLE v. McCLEAN


69 N.Y.2d 426 (1987)

The People of the State of New York, Appellant, v. Nathaniel McClean, Respondent.

Court of Appeals of the State of New York.

Decided April 30, 1987.


Attorney(s) appearing for the Case

Sol Greenberg, District Attorney (Renee Z. Farnham of counsel), for appellant.

Robert S. Smith for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


SIMONS, J.

Defendant has been convicted of robbing King's Variety Store in Albany. The conviction rests largely on testimony by his two accomplices, Ricky Cuff, who entered the store before the robbery, posing as a customer, and Jacob Whitbeck, who drove the getaway vehicle. They were the only witnesses who identified defendant as the gunman. On appeal, the Appellate Division reversed the judgment and ordered...

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