Legal Opinion
In re Hammer
New York City Family Court
Decided May 10, 1988PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Jeffry H. Gallet, J.
Respondent moves to set aside the fact-finding verdict of robbery in the second degree (Penal Law § 160.10 [1]) in this delinquency proceeding on the grounds that it is repugnant, inconsistent and against the weight of the evidence.
THE ISSUE
At issue is whether a "claim of right” to an identifiable, nonfungible piece of personal property may be a defense to robbery.
*783THE FACTS
After trial, I found beyond a reasonable doubt that the complainant, while walking in the park, came upon a radio/ tape player (radio) which was in such a condition, and which was…
2Cases cited11 opinions
- People v. DittaNew York Court of Appeals · 1981
- People v. HedgemanNew York Court of Appeals · 1987
- People v. ReidNew York Court of Appeals · 1987
- State v. OrtizNew Jersey Superior Court Appellate Division · 1973
- People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. TufungaCalifornia Supreme Court · 1999
- State v. HobbsCourt of Appeals of Utah · 2003