People v. Carter

Case held, decision reserved and matter remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Defendant was convicted of second degree murder (felony murder) (Penal Law, § 125.25, subd 3), first degree robbery (Penal Law, § 160.15, subd 1) and petit larceny (Penal Law, § 155.25) in connection with the fatal shooting of a grocer during an armed holdup of his store in Rochester on November 30, 1974. On appeal defendant contends, inter alia, that the police lacked sufficient basis for stopping the automobile that he was driving at the time of his…