People v. Stewart

Appeal from a judgment of the County Court of Schenectady County (Scarano, J.), rendered July 18, 1995, upon verdicts convicting defendant of the crimes of murder in the second degree and grand larceny in the fourth degree.

During the late evening of September 17, 1992, Christian Roedel and defendant, both 16 years of age at the time, caused the death of their foster father by, among other things, repeatedly bludgeoning him with a fireplace poker. At a first joint trial, Roedel was convicted of intentional murder; defendant was acquitted of that charge, but the jury was unable to reach a…