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PEOPLE v. TUCK

87 N.Y.2d 828 (1995)

660 N.E.2d 1137

637 N.Y.S.2d 358

The People of the State of New York, Appellant-Respondent, v. Verlon Tuck, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1995.

Attorney(s) appearing for the Case

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Donna A. Milling and John J. DeFranks of counsel), for appellant-respondent.

Vincent F. Gugino, Buffalo, Linda S. Reynolds and Barbara J. Davies for respondent-appellant.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from by the People, should be reversed and the case remitted to that Court in accordance with CPL 470.25 (2) (d) and 470.40 (2) (b); insofar as the order is cross-appealed by defendant, it should be affirmed.

While in the home of Antoinette Rhodes on an evening in November 1992, defendant placed a loaded, operable handgun to the head of Samuel Radford...

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