People v. Arroyo

Wallach J. (dissenting).

Defendant stands convicted of a gunpoint robbery of a gypsy cab driver aided by a knife-wielding accomplice, one Adan Mercado. Taking the stand on his own behalf, defendant told the jury that he was at home and asleep on the night of the crime when Mercado arrived in the early morning hours and announced he needed help in transporting his mother to the hospital. When defendant entered the victim’s cab ostensibly on this mission of mercy, he claimed he had been utterly taken by surprise when Mercado pulled out a knife and threatened the driver. Taking no part in the…