Legal Opinion

People v. Welsh

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

Decided January 11, 2011PublishedCited by 4 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered June 4, 2009, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of seven years, unanimously affirmed.

We reject defendant’s contention that the evidence failed to establish that his conduct manifested the presence of a firearm. The requirement of Penal Law § 160.15 (4), that defendant “[d]isplay[ ] what appears to be a . . . firearm,” was satisfied by the testimony describing the position taken by defendant, combined with words spoken by him.

The complainant was working,…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 1989
  2. People v. McDanielNew York Court of Appeals · 2009
  3. People v. AvillaAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. McDanielAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by4 opinions

  1. The People v. Charles SmithNew York Court of Appeals · 2017
  2. People v. GraysonAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. FloresAppellate Division of the Supreme Court of the State of New York · 2024
  4. The People v. Charles SmithNew York Court of Appeals · 2017

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