People v. Pagan

OPINION OF THE COURT

Pigott, J.

In this appeal, we address the relation between a claim of right defense and a mistake of fact defense in the second-degree *94robbery context. We conclude that, in the circumstances of this case, the two defenses are equivalent.

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The incident underlying this appeal occurred after defendant Debra Pagan hailed a livery cab from a bus stop at 116th Street and Madison Avenue, in Manhattan. Defendant asked the cabdriver to take her to 109th Street and Lexington Avenue, and she told him that she had only four dollars on her. Although a minimum fare of six dollars applied…