PEOPLE v. BARNES


176 A.D.2d 640 (1991)

The People of the State of New York, Respondent, v. Gregory Barnes, Appellant

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

October 24, 1991


Evidence adduced at trial indicated that four eyewitnesses acquainted with defendant saw him assume a "combat stance" and fire a handgun at the victim, who fell dead on a Bronx street. Defendant explained to at least one of those eyewitnesses that his intention was to "stick up" the victim for money he had withdrawn from the bank earlier in the day.

Defendant's claim that the trial court erred in failing to give a circumstantial...

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