People v. Turner

— Harvey, J.

In the early morning hours of December 10, 1982, Thomas Rohr was assaulted, robbed and left lying unconscious in an alley a short distance from a bar he had left only minutes before in the City of Albany. As a result, defendant and Carl West were indicted in the same instrument for robbery in the first degree. Following a joint jury trial both defendants were found guilty (see, People v West, 110 AD2d 971).

The evidence against defendant was overwhelmingly supportive of the verdict. The victim testified that he knew defendant on sight prior to the evening of the robbery. He further…