PEOPLE v. BIRDSALL


215 A.D.2d 878 (1995)

627 N.Y.S.2d 118

The People of the State of New York, Respondent, v. Eric Birdsall, Appellant

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

May 18, 1995


Crew III, J.

On the evening of April 21, 1991, defendant, Jeffrey Damiano and James Rullan drove in Rullan's car to the Freetown Road overpass in Ulster County. Damiano stood on the north side of the bridge while defendant stood on the south side and watched for approaching traffic. Shortly thereafter, a tractor trailer operated by Keith Dibble approached the overpass on the Thruway below and defendant alerted Damiano to that effect. Damiano then threw...

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