Legal Opinion

People v. Jenkins

New York Supreme Court

Decided April 7, 1983PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Sheldon S. Levy, J.

When, in the course of a robbery, a person has an unseen object — which is believed to be a gun — pressed against the body, has the perpetrator “[d]isplay[ed] what appears to be a * * * firearm” within the meaning of the robbery statutes (Penal Law, § 160.15, subd 4; § 160.10, subd 2, par [b])? Although such a fact pattern seems far from unique, the issue is one of first impression in this State.

The defendant Horace Jenkins was accused in a one-count indictment of robbery in the first degree. The charge is that, on February 27, 1982, in front of a…

2Cases cited5 opinions

  1. People v. DittaNew York Court of Appeals · 1981
  2. People v. KnowlesAppellate Division of the Supreme Court of the State of New York · 1981
  3. People v. LockwoodNew York Court of Appeals · 1980
  4. People v. WaddellAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. SantucciAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by10 opinions

  1. People v. BaskervilleNew York Court of Appeals · 1983
  2. People v. LopezNew York Court of Appeals · 1989
  3. State v. MuldrowSupreme Court of South Carolina · 2002
  4. People v. CarringtonAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. CassidyAppellate Division of the Supreme Court of the State of New York · 1985

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