People v. Phillips

Murphy, P. J., and Carro, J., dissent in a memorandum by Murphy, P. J., as follows:

On the afternoon of May 3, 1976, Maria Figueroa entered the elevator in her building at 210 East 102nd Street. Three men and one teenager entered the elevator with her. One man exited at the fourth floor. As the elevator then proceeded toward the 10th floor, a second man, alleged to be defendant Phillips, held a knife to Figueroa’s throat. Defendant’s accomplice, an unidentified third man, also held a knife to the throat of a *738teenager named Daren Johnson. The two robbers took Figueroa’s pocketbook and exited on…