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People v. Robles

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 2002
300 A.D.2d 73 (N.Y. App. Div. 2002)

Opinion

2492

December 10, 2002.

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 5, 2000, convicting defendant, after a nonjury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Joseph A. Gershman, for respondent.

Susan Epstein, for defendant-appellant.

Before: ANDRIAS, J.P., SAXE, ROSENBERGER, LERNER, FRIEDMAN, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence warrants the conclusion that when defendant pointed a knife at a store clerk and threatened to kill him, and then stole packs of cigarettes as the clerk hid behind the counter, defendant was threatening the use of force to prevent any resistance to the theft (Penal Law § 160.00). Defendant's alternative explanation for his conduct is unsupported by the record and was properly rejected by the court.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Robles

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 2002
300 A.D.2d 73 (N.Y. App. Div. 2002)
Case details for

People v. Robles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FELIX ROBLES…

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

Date published: Dec 10, 2002

Citations

300 A.D.2d 73 (N.Y. App. Div. 2002)
750 N.Y.S.2d 756