People v. Jackson

OPINION OF THE COURT

Kenneth R. Fisher, J.

Defendant moves pursuant to CPL 290.10 for a trial order of dismissal of the count charging robbery in the first degree, Penal Law § 160.15 (3), on the ground that the trial evidence is not legally sufficient to establish both the forcible taking element, and the use of a dangerous instrument element. The latter contention is based on the fact that the object stolen, a loaded pistol, is alleged to have been the dangerous instrument *589used during the course of the robbery. For the reasons stated below, the motion is denied.

The Facts

Taking the evidence…