People v. Harrell

Judgment of the County Court, Kings County, convicting appellant of the crimes of robbery in the first degree, grand larceny in the second degree, and assault in the second degree, reversed on the law and a new trial ordered. In our opinion, the proof was sufficient to meet the requirements of section 399 of the Code of Criminal Procedure. However, reversal is required by reason of the trial court’s refusal to charge as requested by defendant’s attorney that “the fact that the defendant was in the area with the accomplice at a time prior to the commission of the crime is not sufficient…