People v. Keough

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 4, 1973, convicting him of attempted robbery in the second degree, possession of a weapon, etc., as a felony, and menacing, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. On a dark street at approximately 11:00 p.m. on September 14, 1971, as Mr. and Mrs. Kopstein were walking near their home in Queens, an unknown man suddenly stepped onto the sidewalk in front of them, blocking their path, and said "don’t move”…