Legal Opinion
People v. Roberts
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant was charged in an indictment with two counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [b]) for forcibly stealing six cartons of cigarettes from a gas station clerk. The trial court instructed the jury on the law with respect to the robbery counts as well as the lesser included offense of petit larceny. During its deliberations, the jury requested the court to clarify who was the "owner” at the time of the offense. The court stated that it "[djoesn’t matter. An owner is anyone with a right superior to that of the taker”…
2Cases cited10 opinions
- Hernandez v. New YorkSupreme Court of the United States · 1991
- People v. HernandezNew York Court of Appeals · 1990
- People v. SpannNew York Court of Appeals · 1982
- People v. DuncanAppellate Division of the Supreme Court of the State of New York · 1992
- People v. RosadoAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 2020
- People v. AlvaradoAppellate Division of the Supreme Court of the State of New York · 1995
- People v. MeadorAppellate Division of the Supreme Court of the State of New York · 2001
- People v. NgoAppellate Division of the Supreme Court of the State of New York · 1995