From Casetext: Smarter Legal Research

People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 1995
219 A.D.2d 570 (N.Y. App. Div. 1995)

Summary

sustaining a robbery conviction where the defendant "and three others formed a human wall that blocked the victim's path as the victim attempted to pursue someone who had picked his pocket, allowing the robber to get away"

Summary of this case from United States v. Johnson

Opinion

September 28, 1995

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


Defendant's guilt was proven by legally sufficient evidence that he and three others formed a human wall that blocked the victim's path as the victim attempted to pursue someone who had picked his pocket, allowing the robber to get away. The requirement that a robbery involve the use, or the threat of immediate use, of physical force (Penal Law § 160.00) does not mean that a weapon must be used or displayed or that the victim must be physically injured or touched ( People v Zagorski, 135 A.D.2d 594, 595).

Nor is there merit to defendant's other claim that the court did not conduct a sufficiently probing and tactful inquiry of four jurors. Those jurors responded to questions put by the court to the panel as a whole and indicated that their impartiality would not be affected by having been exposed to newsreports portraying one of the People's witnesses as a "good cop" in connection with the police officer's testimony before a commission investigating police corruption. Under the circumstances, a more extensive, individualized, in camera inquiry of each of the four jurors was not necessary. There was no juror misconduct and the publicity in question had nothing to do with defendant or the trial. The topic of the publicity was impersonal to the jurors, and the exposure occurred after both sides had rested in a trial in which defendant had challenged only the accuracy, not the truthfulness, of the officer's testimony ( see, People v Chapman, 202 A.D.2d 297, 298, lv denied 83 N.Y.2d 965).

Concur — Rosenberger, J.P., Asch, Williams and Mazzarelli, JJ.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 1995
219 A.D.2d 570 (N.Y. App. Div. 1995)

sustaining a robbery conviction where the defendant "and three others formed a human wall that blocked the victim's path as the victim attempted to pursue someone who had picked his pocket, allowing the robber to get away"

Summary of this case from United States v. Johnson

noting generally that robbery need not involve a victim who was “physically injured or touched”

Summary of this case from United States v. Simmon
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ASHBY BENNETT,…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 28, 1995

Citations

219 A.D.2d 570 (N.Y. App. Div. 1995)
631 N.Y.S.2d 834

Citing Cases

United States v. Hammond

That we reach a different conclusion based on New York courts’ interpretation of the New York robbery…

Diaz v. United States

On August 30, 2016, this Court issued a Decision and Order (Dkt #265) granting Diaz's Section 2255 Motion and…