People v. Sostre

Hopkins, J. P. (dissenting).

I dissent and vote to reverse the judgment and order a new trial.

The defendant was convicted after trial of the crime of attempted robbery in the first degree. At the Huntley hearing, a police officer testified that he found the defendant lying on the floor of the vestibule of an apartment building and the complainant holding a gun, standing over the defendant. The defendant was bleeding from wounds in his arm and leg; by his side, a foot away, was another gun. The police officer testified that he heard the defendant "hollering” that the complainant had "shot him…