PEOPLE v. LOPEZ


135 A.D.2d 443 (1987)

The People of the State of New York, Appellant-Respondent, v. Freddie Lopez, Respondent-Appellant

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

December 15, 1987


According to the People's evidence, defendant, accompanied by another man, never apprehended, approached Robert Lugo and announced, "This is a stick-up, give me your radio." At the same time, defendant placed his left hand inside the right side of his vest "as if he had a gun." Defendant's accomplice, standing four feet to the right of Lugo, placed his right hand into the left side of his jacket. Believing that defendant, in fact, had a gun, Lugo turned over his radio. Defendant...

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