People v. Smith
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
In this appeal from a conviction for robbery in the first degree, we must determine whether the robbery statute required proof that the defendant intended that his threatened use of force would compel the victim to deliver up her property or overcome resistance to the taking of the property. We conclude that there is such a mens rea element in the statute, but disagree with the Appellate Division that the evidence was legally insufficient to establish it. We therefore reverse the order of the Appellate Division and reinstate defendant’s convictions for robbery and…
2Cases cited7 opinions
- People v. ContesNew York Court of Appeals · 1983
- State v. WilliamsSupreme Court of Connecticut · 1987
- People v. ChessmanAppellate Division of the Supreme Court of the State of New York · 1980
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1977
- People v. NixonAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by102 opinions
- People v. SteinbergNew York Court of Appeals · 1992
- People v. RyanNew York Court of Appeals · 1993
- People v. GordonNew York Court of Appeals · 2014
- People v. MillerNew York Court of Appeals · 1995
- United States v. Pereira-GomezCourt of Appeals for the Second Circuit · 2018
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