PEOPLE v. BANKS


42 A.D.3d 574 (2007)

840 N.Y.S.2d 137

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHNNY BANKS, Also Known as JOHN SCOTT, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FREDERICH DONOVAN, Respondent.

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

Decided July 31, 2007.


Ordered that the orders are reversed insofar as appealed from, on the law, those branches of the defendants' respective omnibus motions which were to dismiss count three of the indictment charging each of them with felony murder in the second degree on the ground of legally insufficient evidence and count four of the indictment charging each of them with kidnapping in the second degree on the ground of legally insufficient evidence are denied, those counts of the indictment...

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