PEOPLE v. BUTLER


201 A.D.2d 662 (1994)

608 N.Y.S.2d 263

The People of the State of New York, Respondent, v. Kevin Butler, Appellant

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

February 22, 1994


Ordered that the judgment is affirmed.

On the evening of December 6, 1990, the defendant and four accomplices ambushed two men in the stairwell of an apartment building in order to take their shearling coats. During the attempted robbery, one of the defendant's accomplices fatally shot one of the victims. The other victim escaped and subsequently testified against the perpetrators.

The record supports the hearing court's conclusion that the defendant waived...

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