PEOPLE v. MONTGOMERY


205 A.D.2d 259 (1994)

The People of the State of New York, Respondent, v. Alashia Montgomery, Appellant

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

November 15, 1994


Attorney(s) appearing for the Case

Lawrence Mark Stern of counsel (Jesse Berman, attorney), for appellant.

Nikki Kowalski of counsel (Alan Gadlin on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

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


ROSENBERGER, J.

At about three o'clock one afternoon, the defendant and three other teenagers surrounded a student on the subway and attempted to steal her earrings. When the student resisted, the defendant stabbed her in the back with a kitchen knife, puncturing her left lung and aorta. The victim bled to death within minutes. Numerous passengers on a well-lit train witnessed the incident.

The defendant...

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