People v. Kilpatrick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, New York County Supreme Court (C. Beauchamp Ciparick, J.), rendered December 17, 1985, convicting defendant, after jury trial, of two counts of robbery in the first degree and sentencing him to concurrent terms of 4 to 12 years’ imprisonment, unanimously modified, on the law, to reduce the conviction to two counts of robbery in the third degree and the matter remanded to Supreme Court for resentencing, and otherwise affirmed.
The People failed to prove a necessary element of the crime charged (Penal Law § 160.15 [2]). As the gun alleged in the indictment was not recovered, there was…
2Cases cited17 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GloverNew York Court of Appeals · 1982
- People v. ThomasNew York Court of Appeals · 1980
- People v. GreenNew York Court of Appeals · 1982
- People v. FordNew York Court of Appeals · 1985
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3Cited by40 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. IveyAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1990
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