People v. Hicks

At about 5:10 a.m. on August 21, 1974, during the course of a robbery at Geronimo’s Bar-B-Que, a restaurant in Troy, New York, Robert "Gerónimo” Butler, the owner, was shot and killed. Based on descriptions provided and photographic identifications made by several witnesses, five Black males, including the defendant, were arrested and indicted. The defendant was convicted in a separate trial following an order severing the prosecution.

I The defendant does not contend that there was an absence of evidence to prove his guilt beyond a reasonable doubt. The record does establish his guilt by…