PEOPLE v. McCAIN


172 A.D.2d 161 (1991)

The People of the State of New York, Respondent, v. Donald McCain, Appellant

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

April 2, 1991


In the course of a robbery at the J and L Parking Lot located on 125th Street, defendant displayed what appeared to be a .45 caliber automatic pistol. On cross-examination of the cashier, the following testimony was elicited: "Q. Did you ever — did he have the gun loaded? A. No. Q. Put the clip in? A. No." At the conclusion of the People's case, defense counsel requested the court charge robbery in the second degree as a...

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