State v. DiPrete

OPINION

SHEA, Justice.

The defendant, Joseph DiPrete (DiPrete), appeals from a Superior Court jury conviction of robbery. We sustain the appeal and remand for a new trial.

This case arises from the December 10, 1980 robbery of a Sunnybrook Farms convenience store on Smith Street in Providence. Margaret Fitzgerald (Fitzgerald), the cashier at the store, testified that a male customer entered the store, browsed for a few minutes, pulled a gun out from under his coat, and asked her for money. She gave him the money from the cash register. He fled after warning her not to call the police for fifteen…