YORK v. COM.

No. 2010-SC-000240-MR.

353 S.W.3d 603 (2011)

Thomas YORK, Sr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

September 22, 2011.


Attorney(s) appearing for the Case

Steven Jared Buck , Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, John Paul Varo , Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice CUNNINGHAM.

Luther Biggs was watching television at his home in Covington when he heard a knock at the door. He was greeted by three masked men. They pushed the door fully open and shoved Biggs back into the house. One of the men stabbed him in the chest with a knife and he fell to the floor. Another man kicked his head while the third man removed his pants.

Biggs recognized Appellant, Thomas York, Sr., by his voice. York grabbed...

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