People v. Gordon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant claims he was improperly convicted of first-degree robbery under Penal Law § 160.15 (4) (displaying what appeared to be a firearm) because the police recovered an operable but unloaded pistol that the victim identified as having been displayed during the robbery. Defendant did not preserve this claim, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence. Defendant now asserts that the weapon must have been unloaded at the time of the robbery, so that the…
2Cases cited8 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. DanielsonNew York Court of Appeals · 2007
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. LoveNew York Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 2017
- People v. StewartAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 2017
- People v. KindellAppellate Division of the Supreme Court of the State of New York · 2016
- People v. KindellAppellate Division of the Supreme Court of the State of New York · 2016
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