PEOPLE v. RODRIGUEZ


167 A.D.2d 326 (1990)

The People of the State of New York, Respondent, v. Alberto Rodriguez, Also Known as Alberto Rodriquez, Appellant

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

November 29, 1990


Defendant and an unapprehended accomplice were charged with the robbery of a cabdriver. The cabdriver testified that he picked up defendant and another in the Times Square area, had an opportunity to observe them on one occasion when he ran out of gas and had to refill the tank, and they observed him pay for the gasoline with cash. When he drove them to a Bronx location, they both pulled knives, and stole cash and jewelry. The complainant did not recall that defendant had...

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