People v. Sales

Kupferman, J. P., and Kassal, J.,

dissent in a memorandum by Kupferman, J. P., as follows: The defendant was indicted for robbery in the second degree (Penal Law § 160.10 [1]) because, together with three others, he robbed an undercover plainclothes police officer who was posing as a food delivery boy. The acting Justice dismissed the charge against this defendant in the interest of justice, pursuant to CPL 210.40, and the People appeal.

In this theft, no force was used, no weapon referred to or displayed and nothing taken other than the food involved. The codefendants pleaded guilty and, with…