Legal Opinion

People v. Gardner

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 2001PublishedCited by 2 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered June 9, 1999, convicting him of robbery in the first degree, sexual abuse in the first degree (three counts), and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The complainant testified that the defendant pressed a round object, which she believed to be a gun, up against her rib area, and said, “Don’t scream or I’ll shoot you” or “Don’t scream or I’ll kill you.” This evidence was sufficient to establish that the defendant…

2Cases cited5 opinions

  1. People v. BaskervilleNew York Court of Appeals · 1983
  2. People v. LopezNew York Court of Appeals · 1989
  3. People v. BrownNew York Court of Appeals · 1992
  4. People v. WhitingAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. AustinAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. People v. LaGuerreAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. RomoAppellate Division of the Supreme Court of the State of New York · 2003

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