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Legal Opinion

People v. Franklin

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

Decided April 17, 1989PublishedCited by 6 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered February 24, 1986, convicting him of robbery in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction to robbery in the third degree, vacating the sentence imposed, and remitting the matter to the Supreme Court, Kings County, for resentencing.

The evidence adduced by the prosecution indicated that the complainant was hit on the head and "passed out”, but regained consciousness "a minute” later…

2Cases cited5 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. GoinsAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. BurnettAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. SierraAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by6 opinions

  1. People v. CarneyAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. BruceAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. WindbushAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. RolandoAppellate Division of the Supreme Court of the State of New York · 1990

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