People v. Moran

Cardozo, Ch. J.

On November 19, 1926, the defendant with four companions was riding in a motor car in Brooklyn, New York. Two officers, coming up in a police department car, ordered defendant’s car to stop. The driver, LaCurto, obeyed, though the defendant cried to him to go on. The officers, Byrns and Daskiewicz, stepped out of the police car; the defendant and some of his companions out of theirs. At once the defendant drew a revolver, shouting, “ Stick them up.” He fired two shots at Daskiewicz, who had made a movement as if to draw a weapon. He fired another shot, the third one, at Byrns,…