PEOPLE v. GARY


162 A.D.2d 277 (1990)

The People of the State of New York, Respondent, v. James Gary, Appellant

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

June 19, 1990


On December 17, 1986, the defendant struck an off-duty police detective on the side of the face and then placed him in a chokehold while grabbing at a watch and ring on the detective's left hand. The detective announced that he was a police officer and, when defendant tightened his hold around the detective's neck, discharged his off-duty revolver four times over his left shoulder, striking defendant several times.

Acquittal of defendant on the robbery charge, which...

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