Legal Opinion

People v. Rodgers

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

Decided July 11, 1918PublishedCited by 36 opinions

Appeal by the defendant, John J. Rodgers, from a judgment of the Supreme Court, rendered against him on the 13th day of December, 1917, convicting him of the crime of robbery in the first degree as a second offense.

1Opinion of the Court

Shearn, J.:

The defendant has appealed from a judgment of conviction of the crime of an attempt to commit the crime of robbery in the first degree as a second offense.

On the night of January 27, 1917, at about eleven o’clock, Alexander and Samuel Gelber, proprietors of a grocery store at 1644 Second avenue, New York city, were arranging their merchandise preparatory to closing for the night. They were suddenly commanded to throw up their hands and give up their money, by two men holding revolvers. The Gelbers were alone when the two intruders entered the store. One of the two intruders,…

2Cases cited1 opinion

  1. Burton v. United StatesSupreme Court of the United States · 1906

3Cited by36 opinions

  1. McGrath v. GoldNew York Court of Appeals · 1975
  2. Davenport v. StateAlaska Supreme Court · 1975
  3. State v. HoagSupreme Court of New Jersey · 1956
  4. United States v. CarlisiDistrict Court, E.D. New York · 1940
  5. People v. LagomarsinoCalifornia Court of Appeal · 1950

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