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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1975
50 A.D.2d 872 (N.Y. App. Div. 1975)

Opinion

December 22, 1975


Appeal by the People from an order of Supreme Court, Kings County, entered July 15, 1974, which granted the branch of a motion by defendant Sharon Miller to dismiss the indictment as to her. Order reversed, on the law, and indictment reinstated as to defendant Sharon Miller. Defendant Sharon Miller and three others were charged in a multicount indictment, inter alia, with the crimes of robbery in the first degree and attempted murder arising out of a robbery and shooting of a cab driver as this defendant and her companions were leaving the cab. Her presence at the scene, her association with the codefendants before and after the offense and her sharing in the proceeds constitute prima facie proof, legally sufficient to sustain this indictment (Penal Law, § 20.00; CPL 190.65; People v Mayo, 36 N.Y.2d 1002). Martuscello, Acting P.J., Cohalan, Brennan, Munder and Shapiro, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1975
50 A.D.2d 872 (N.Y. App. Div. 1975)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHARON MILLER…

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

Date published: Dec 22, 1975

Citations

50 A.D.2d 872 (N.Y. App. Div. 1975)

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