People v. Ponder
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
On February 10, 1977 Joseph Salerno was shot while being robbed in his hardware store in the City of Rochester. He died on March 8, 1977 as a result of the gunshot wound. Defendant was indicted as the perpetrator and upon a jury trial was convicted of felony murder (Penal Law, § 125.25, subd 3); manslaughter in the first degree (Penal Law, § 125.20, subd 1) and criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]).
To set the scene, we note that the victim’s hardware store was located on the west side of Portland Avenue, directly…
2Cases cited17 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
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- Jones v. United StatesSupreme Court of the United States · 1960
- Alderman v. United StatesSupreme Court of the United States · 1969
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