People v. Jones

Sullivan, J. P. (dissenting).

The trial evidence shows that in the early morning hours of December 30, 1989 defendant brought two men to the fourth floor apartment of 62-year-old Edmund Clarke at 248 Lenox Avenue in Manhattan so that they could rob Clarke, who usually kept several hundred dollars in his wallet and who, according to defendant, owed her $10 for having engaged in sex with him.

Earlier that evening, one of the tenants had seen Clarke and defendant together in the building arguing over money. Approximately one hour later, Paula Simpson, who lived across the street, saw defendant…