People v. Cruz

Carro and Fein, JJ.,

dissent in a memorandum by Carro, J., as follows: I *527dissent. Ben Cruz came home at 8:00 a.m., unlocked his apartment door and had a gun jabbed in his back by an unknown assailant. In a struggle, Mr. Cruz was shot twice, in the back and in the leg. The intruder, after rifling his victim’s pockets, fled, and Cruz, unable to dial the wall phone, crawled to the hallway and cried for help. A neighbor heard him and Cruz asked her to call the police. He then passed out on the threshold to his apartment. The police were called by the neighbor, but the time of the call and the time…