PEOPLE v. GERBER


173 A.D.2d 404 (1991)

The People of the State of New York, Respondent, v. Ellis Gerber, Appellant

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

May 30, 1991


The complainant testified that as he entered the men's room at the IRT 86th Street subway station he saw a man standing at a urinal. Moments later this person reached into complainant's pants pocket and took money from his wallet while the complainant was seated in an unlocked stall. The complainant identified defendant as the thief in a line-up some 2½ months later.

There was sufficient evidence for the jury to conclude...

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