People v. Joyce

OPINION OF THE COURT

Mollen, P. J.

On this appeal, we are called upon to determine whether a conviction of conspiracy in the fourth degree can be sustained in the absence of proof that, as part of a conspiracy to burglarize a bank, the defendant agreed with his coconspirators that, if necessary, what would appear to be a firearm was to be displayed during the burglary. We hold that, in the absence of such proof, the conviction cannot stand.

*344By Suffolk County indictment number 1764/82, Robert Patrick Joyce, the defendant, was accused of committing the crime of conspiracy in the fourth degree. The…