People v. Hayton

Defendant appeals from his 1968 conviction of murder in the first degree. The evidence at trial showed that two men entered a pharmacy in the Village of Hamburg; that George Reck, Sr., the owner, and his son, 19, were working in the store at the time; that after threatening the proprietor with a gun, the men took $100 from the cash register; and that the men ordered both Recks to lie on the floor, then shot them. The senior Reck died the following day. His son gave police a description of both men. Defendant, who the son had observed for a much longer period, was described as 6 feet in…