PEOPLE v. ALGARIN


294 A.D.2d 589 (2002)

742 N.Y.S.2d 899

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARLOS ALGARIN, Respondent.

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

Decided May 28, 2002.


Ordered that the order is reversed, on the law and the facts, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

On March 2, 1982, the defendant and codefendant, John Rolon, stole a bicycle from the complainant at gunpoint. Rolon pointed a handgun at the complainant and the defendant suggested that he, too, had a gun by holding his hand inside a shoulder bag and ordering the...

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