PEOPLE v. WESTERVELT


47 A.D.3d 969 (2008)

850 N.Y.S.2d 226

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERICK WESTERVELT, Appellant.

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

Decided January 3, 2008.


Lahtinen, J.

At approximately noon on October 6, 2004, a neighbor discovered Timothy Gray, who was unconscious, badly beaten and in a pool of blood, in the backyard of Gray's residence in the Town of Bethlehem, Albany County. Subsequent investigation indicated that Gray had been attacked the evening of October 5, 2004 when Gray's housemates, including his girlfriend, Jessica Domery, had been working out of the area. Defendant was identified by police as a person of...

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