Legal Opinion

People v. Hall

New York Court of Appeals

Decided November 21, 2011PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

Defendants, Michael Hall and John Freeman, were accused of robbing a store and using a stun gun to incapacitate the store manager temporarily. We agree with the Appellate Division that the People failed to prove that the stun gun was a “dangerous instrument” as defined in the Penal Law, and that therefore defendants’ convictions for first degree robbery and fourth degree weapon possession cannot stand. However, we sustain defendants’ convictions for second degree robbery.

I

The People’s main witness was the store manager, Saidou Sow. Sow described a robbery by four…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. SandovalNew York Court of Appeals · 1974
  3. People v. SavinonNew York Court of Appeals · 2003
  4. People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. HallAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by43 opinions

  1. The People v. Everett M. DurantNew York Court of Appeals · 2015
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BurtonAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2017

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