PEOPLE v. HAIRSTON

2016-09720. Ind. No. 15-00908.

167 A.D.3d 935 (2018)

90 N.Y.S.3d 117

2018 NY Slip Op 08688

The People of the State of New York, Respondent, v. Eryc Hairston, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 19, 2018.


Ordered that the judgment is affirmed.

The defendant was walking on a street in Yonkers with a gun in his pocket when he encountered Kennedy Gonzalez and Gonzalez's friend. According to the friend's trial testimony, the defendant first approached them asking for a cigarette or "weed." When they told him they had neither, he walked past them on the street, turned around, pulled out the gun, and told them to empty their pockets. Gonzalez tried to swat the gun away,...

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