People v. Brown

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that Court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

There was evidence at trial that defendant, Alexander Brown, and an accomplice, at about 5:00 a.m. on June 16, 1988, exited a dark-colored Chevrolet in the area of 180th Street in the Bronx and snatched a gold chain from Uzell McFarland’s neck. When McFarland attempted to pursue, defendant Brown displayed a gun. Brown and his accomplice returned to their car, in which there were two other occupants,…