PEOPLE v. DARBY


75 N.Y.2d 449 (1990)

The People of the State of New York, Respondent, v. John L. Darby, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1990.


Attorney(s) appearing for the Case

J. Scott Porter, Gerald T. Barth and James P. Maxwell for appellant.

Robert E. Wildridge, District Attorney (Donna M. Cathy of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur with Judge BELLACOSA; Judge TITONE concurs in part and dissents in part and votes to reverse and dismiss the indictment in a separate opinion.


BELLACOSA, J.

Defendant, tried with two accomplices, was convicted after a jury trial of multiple counts of burglary and robbery in the first and second degrees, assault in the second degree (two counts), and criminal possession of a weapon. He and four others broke into the home of a woman early one morning and terrorized her by the commission of many crimes against her person and property. They departed with...

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