People v. DeGerolamo
Appellate Division of the Supreme Court of the State of New York
1DissentAndreas, J.
Defendant stands convicted of robbery in the second degree in connection with an incident in which he allegedly sprayed complainant David Cushman in the face with mace and stole a diamond ring that Cushman had advertised for sale on Craigslist for $35,000. Before trial, defense counsel indicated that defendant wished to testify, and he suggested during the Molineux hearing that the defense would be that after defendant and Cushman fought, Cushman fabricated the robbery accusation against him. At trial, the defense was that Cushman, out of frustration and anger, assaulted and maced defendant…
2Cases cited19 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. AlvinoNew York Court of Appeals · 1987
- People v. AllweissNew York Court of Appeals · 1979
- People v. SteinbergNew York Court of Appeals · 1992
- People v. CassNew York Court of Appeals · 2012
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