People v. Moody
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the facts and as modified affirmed and matter remitted to Erie County Court for sentencing in accordance with the following Memorandum: Defendant contends that the judgment should be modified by reducing the conviction from robbery in the first degree (Penal Law § 160.15 [4]) to robbery in the second degree (Penal Law § 160.10 [2] [b]) based on proof of the affirmative defense to robbery in the first degree. We agree. Upon our review of the evidence, we find that the jury “failed to give the evidence the weight that it should be accorded” (People v Bleakley,…
2Cases cited6 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. LopezNew York Court of Appeals · 1989
- People v. WattsAppellate Division of the Supreme Court of the State of New York · 1989
- People v. DeboueAppellate Division of the Supreme Court of the State of New York · 1996
- People v. GuerrieroAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by9 opinions
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- People v. SimsAppellate Division of the Supreme Court of the State of New York · 2025
- People v. SimsAppellate Division of the Supreme Court of the State of New York · 2025
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