PEOPLE v. ALLEN

2006-02259.

2008 NY Slip Op 06301

THE PEOPLE, ETC., respondent, v. GREGORY ALLEN, appellant.

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

Decided July 15, 2008.


Attorney(s) appearing for the Case

Steven Banks, New York, N.Y. (Karen M. Kalikow of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Jessica Melton of counsel), for respondent.

Before: REINALDO E. RIVERA, J.P., FRED T. SANTUCCI, THOMAS A. DICKERSON, ARIEL E. BELEN, JJ.


DECISION & ORDER

ORDERED that the judgment is affirmed.

On March 10, 2004, two armed men held up a barber shop in Queens. Although both men wore masks, the shorter of the two wore a mask that was open from the top of his upper lip to his eyebrows. When a police officer responded to the crime scene, one of the witnesses, who was also a victim of the crime, told the officer that he recognized the shorter man whom he knew as "Junior or J.R." This witness...

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