PEOPLE v. CANTRES


238 A.D.2d 56 (1997)

667 N.Y.S.2d 36

The People of the State of New York, Respondent, v. Carlos Cantres, Appellant

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

December 30, 1997


Attorney(s) appearing for the Case

Olga L. Torres of counsel (Richard M. Greenberg, attorney), for appellant.

Leslie Catherine Perrin of counsel (Allen H. Saperstein on the brief; Richard T. Johnson, District Attorney of Bronx County, attorney), for respondent.

WALLACH, NARDELLI and TOM, JJ., concur with COLABELLA, J.; MURPHY, P. J., dissents in a separate opinion.


COLABELLA, J.

The decedent was shot to death at point-blank range in the eighth floor front stairwell of the housing project at 560 Balcolm Avenue at about 3:30 A.M. on April 16, 1992. There were no witnesses to the shooting and the weapon was never recovered. The proof that defendant was the perpetrator was entirely circumstantial. In issue on appeal is whether defendant's conviction was supported by legally...

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