PEOPLE v. ALSTON


243 A.D.2d 573 (1997)

663 N.Y.S.2d 224

The People of the State of New York, Respondent, v. Barry Alston, Appellant

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

October 14, 1997


Ordered that the judgment is modified, on the law, by providing that the terms of imprisonment shall run concurrently with each other; as so modified, the judgment is affirmed.

The defendant was one of three men who attempted to rob a customer in a restaurant. During the course of the attempted robbery, another customer was shot to death. The defendant's contention that the People failed to prove his identity as one of the perpetrators by legally sufficient evidence...

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