People v. Staffieri
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of burglary in the third degree (Penal Law § 140.20), grand larceny in the fourth degree (Penal Law § 155.30), and petit larceny (Penal Law § 155.25). The sole contention on appeal is that Supreme Court erred in denying defendant’s request to charge the jury on the affirmative defense of duress.
The court properly denied that request to charge. Penal Law § 40.00 (1) provides that “it is an affirmative defense that the defendant engaged in the proscribed conduct because [she] was coerced to do so by the…
2Cases cited14 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1979
- People v. AmatoAppellate Division of the Supreme Court of the State of New York · 1984
- People v. TayehAppellate Division of the Supreme Court of the State of New York · 1983
- People v. RosarioAppellate Division of the Supreme Court of the State of New York · 1992
- People v. CamposAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by8 opinions
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- NAFI, EZEIEKILE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
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