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(DOWNLOAD) "People State New York v. David Lyles" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

People State New York v. David Lyles

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eBook details

  • Title: People State New York v. David Lyles
  • Author : Supreme Court of New York
  • Release Date : January 29, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

[63 A.D.2d 740 Page 740] Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 3, 1976, upon resentence (the date on the clerk's extract is December 2, 1977), convicting him of murder in the second degree (two counts) and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The People's case rested mainly on the testimony of a friend of the defendant who, by his own admission, had accompanied the defendant to the scene of the murder carrying a double-barreled sawed-off shotgun in a shopping bag. The shotgun was allegedly used to murder one of the victims. Afterwards, the witness provided the defendant with a ride home. The principal corroboration came from the testimony of an acquaintance of the two men, who stated that he had seen them near the scene of the crime on that day and that the defendant had been carrying a shopping bag. The testimony of the key witness and the corroborating witness differed in some respects. The key witness' own testimony suggests that he had illegally possessed a firearm in [63 A.D.2d 740 Page 741]


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