People v. Gonzalez

Murphy, P. J. (dissenting).

At about 10:20 p.m. on July 18, 1975, four men drove up to a gas station in a gold Cougar. Three of the men entered the station and robbed the two attendants, Francisco Acevedo and Erald Grant, at gunpoint. The fourth individual waited in the car. In an ensuing shootout with police, one individual (Devia) was killed, one (Rodriguez) escaped, and two (Velez and the appellant Gonzalez) were captured. At the Wade hearing, the testimony of the two attendants suggested that Velez and Devia were present in the station. On appeal, appellant contends that the identification…