PEOPLE v. TILL


87 N.Y.2d 835 (1995)

661 N.E.2d 153

637 N.Y.S.2d 681

The People of the State of New York, Appellant, v. Mike Till, Respondent.

Court of Appeals of the State of New York.

Decided November 30, 1995.


Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Desiree Dhir Sheridan, Joseph N. Ferdenzi and Susan L. Valle of counsel), for appellant.

David Samel, New York City, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and LEVINE concur; Judges SMITH and CIPARICK dissent and vote to affirm for the reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division ().


MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to that Court in accordance with CPL 470.25 (2) (d); 470.40 (2) (b).

Defendant was convicted, following a jury trial, of criminal possession of a loaded weapon (Penal Law § 265.03). The guilty count factually evolved out of an uncharged armed street robbery that allegedly occurred around midnight in The Bronx. After the...

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