PEOPLE v. NICHOLSON


231 A.D.2d 533 (1996)

648 N.Y.S.2d 33

The People of the State of New York, Respondent, v. Dwayne Nicholson, Appellant

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

September 9, 1996


Ordered that the judgment is affirmed.

On November 7, 1991, at approximately 1:30 A.M., the defendant, armed with a gun, robbed a limousine driver. A few minutes later, the defendant and another man were spotted and pursued by the police. During the course of the pursuit, the defendant ran past a police sergeant who observed the defendant holding what appeared to be a gun. The sergeant, who by then had joined the chase, observed the defendant make a throwing motion...

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