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PEOPLE v. NIEVES

205 A.D.2d 173 (1994)

The People of the State of New York, Respondent, v. Orlando Nieves, Appellant

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

November 1, 1994

Attorney(s) appearing for the Case

Michael Eisenstein for appellant.

Stanley R. Kaplan of counsel (Billie Manning with him on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

SULLIVAN, J. P., CARRO, ROSENBERGER and WALLACH, JJ., concur.

RUBIN, J.

Appellant, acting in concert with John Stokes and Evelyn Smith, robbed a Getty Mart convenience store in Greenwich, Connecticut, in the early afternoon of May 18, 1990, during which he demanded money from an employee at knifepoint. Stokes was tried separately and convicted of murder in the second degree, unauthorized use of a motor vehicle in the first degree, reckless endangerment in the first degree...

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