People v. Murphy

Judgment unanimously modified, on the law and facts, to provide that the consecutive sentence imposed be served concurrently and otherwise, judgment affirmed. Memorandum: Defendant was convicted of murder in the second degree, attempted robbery in the first degree, and other crimes arising out of an attempted armed robbery of a grocery store in the City of Buffalo. When the store clerk questioned defendant’s demands to open the cash register, defendant shot and killed him. Defendant then pointed the gun at the slain clerk’s girlfriend, who was also present in the store, and ordered her to…