PEOPLE v. LEGGETT

2869, 3401/07

76 A.D.3d 860 (2010)

908 N.Y.S.2d 172

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Damian LEGGETT, Appellant.

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

Decided September 14, 2010.


Defendant was convicted of an attempted gunpoint carjacking. There was a single eyewitness to that crime, Stephen Campbell, who owned the car, a Nissan SUV, and managed to escape in his vehicle. There was a completed carjacking that same day involving a 1996 Acura. Four days later, defendant was arrested while seated in the front passenger side of the stolen Acura. The People did not charge defendant with stealing the Acura. He was accused only of possessing it. However,...

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