People v. Allen

OPINION OF THE COURT

W. Patrick Falvey, J.

The court herein is faced with an issue, unique due to its factual situation.

*702The defendant, William Horton Allen, and his codefendant were indicted for two counts of murder in the second degree, both class A-l felonies, in violation of section 125.25 (1) and (3) of the Penal Law; two counts of robbery in the first degree, both class B violent felonies, in violation of section 160.15 (1) and (2) of the Penal Law; one count of criminal use of a firearm in the first degree, a class B violent felony, in violation of section 265.09 (1) of the Penal Law and…