A Queens Criminal Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered March 5, 1984, convicting him of murder in the second degree, and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements made by him to law enforcement authorities.
A Queens Criminal Lawyer said that, on January 28, 1983, the defendant, his brother traveled from their neighborhood in Brooklyn to Liberty Avenue in Queens looking for a store to rob. The defendant was armed with a can of mace and one of his companions was carrying a gun. After checking out several stores, the defendant and his accomplices decided to rob a Clothing Store because the proprietor was an elderly gentleman who they believed would be “easy to take off”.
A Queens Criminal Felony Lawyer said that, after the trio entered the store, the defendant immediately assaulted the victim by spraying him in the face with mace. One of his accomplices then pulled out the gun and announced a stickup. The victim came out from behind a counter and a struggle ensued; defendant’s brother grabbed the man and started choking him. The defendant proceeded to the cash register and emptied its contents while his accomplices continued the fatal struggle with the victim. As he was taking the money out of the cash register, the defendant saw his brother hit the victim in the head with a hammer. The victim’s death was due to asphyxiation by strangulation, and multiple wounds to the head and face inflicted during the course of the robbery. In a videotaped statement the defendant admitted knowing that one of his criminal accomplices was armed with a gun prior to entering the store, and he acknowledged spraying the victim in the face with mace. He also admitted removing money from the cash register as his accomplices continued the fatal assault.
A Queens Felony Lawyer said that, at trial, the defendant testified that the police had coerced him into making many of the statements recorded in his videotaped confession. He claimed that he and his accomplices went to Queens intending to commit a robbery but not to kill or seriously injure anyone. Although he denied seeing one of his accomplices carrying a gun until after they entered the store, he acknowledged seeing the weapon displayed soon thereafter, certainly prior to the time when the fatal acts were committed. He also admitted spraying mace in the victim’s face and removing money from the cash register while the fatal assault continued. The defendant’s main contention on appeal is that the trial court erred in refusing to charge the jury on the affirmative defense to felony murder.
To Be Cont…
If you are facing criminal charges, similar to the above-mentioned case, seek the legal assistance of a Queens Possession of a Weapon Attorney and/or Queens Criminal Attorney at Stephen Bilkis and Associates.