PEOPLE v. FOUNTAIN


170 A.D.2d 414 (1991)

The People of the State of New York, Respondent, v. James Fountain, Appellant

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

February 28, 1991


Defendant was charged with acting in concert in the street robbery of three gold chains from Julio Stubbs on March 23, 1988.

Proposed trial testimony of a friend of defendant, to the effect that defendant had telephoned her just prior to the time of the robbery to advise that he would be coming to visit her home in the vicinity of the robbery, was properly precluded as hearsay not admissible as a declaration of serious intent...

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