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PEOPLE v. BROWN

83 N.Y.2d 791 (1994)

632 N.E.2d 1279

610 N.Y.S.2d 956

The People of the State of New York, Appellant, v. Alexander Brown, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1994.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Jeffrey A. Hoerter and Peter D. Coddington of counsel), for appellant.

Richard L. Herzfeld, New York City, for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to that Court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

There was evidence at trial that defendant, Alexander Brown, and an accomplice, at about 5:00 A.M. on June 16, 1988, exited a dark-colored Chevrolet in the area of 180th Street in the Bronx...

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