PEOPLE v. CLARK


178 A.D.2d 258 (1991)

The People of the State of New York, Respondent, v. Solomon Clark, Appellant

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

December 17, 1991


As cab driver "John Smith" was stopped at the light at 115th Street and Lenox Avenue at about 12:30 A.M. on October 23, 1985 he watched two men struggle. When the two men separated, the one who was wearing a blue coat fired a gun. The shooter ran a short way up the street, turned around, returned to his victim, and fired a second shot, ignoring Smith's exhortation not to shoot. The shooter then ran into the nearby housing projects. An hour and a half or two hours later, Smith...

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