PEOPLE v. RIVERA


176 A.D.2d 216 (1991)

The People of the State of New York, Respondent, v. David Rivera, Appellant

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

September 26, 1991


While on his way home from celebrating the recent birth of his first child, off-duty Police Officer Lamontanaro was pulled out of his car by defendant and two others, repeatedly beaten with a baseball bat and robbed of his wallet. By the time Lamontanaro had gotten to his feet, defendant and his cohorts were already in their car.

On the following day, defendant's step brother, Edwin Mercado, overheard defendant and his cohorts discussing the robbery. When Lamontanaro...

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