PEOPLE v. TOLBERT


198 A.D.2d 132 (1993)

603 N.Y.S.2d 844

The People of the State of New York, Respondent, v. Carl Tolbert, Appellant

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

November 18, 1993


The complainant withdrew one hundred dollars from an ATM and began to walk home. Shortly thereafter, someone tapped him on the shoulder and, when he turned around, he was struck above the eye with a blunt object. The complainant testified that he observed the defendant crouched a few feet away from him and that the defendant twice lunged at his pockets without recovering any money. The complainant struggled to his feet, flagged a passing car, and was driven to

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