People v. Leiva

OPINION OF THE COURT

The order of the Appellate Division should be affirmed.

In the late evening of October 24, 1980, defendant, Miguel Leiva, together with Reynaldo Barrios, accosted and robbed Merrill Fuchs as she walked along Cabrini Boulevard in Manhattan. Defendant displayed what appeared to be a handgun, but which was actually a toy pistol, and Barrios wielded a knife. Defendant and Barrios were apprehended and, by means of a four-count indictment, were charged with (1) first degree robbery, pursuant to subdivision 3 of section 160.15 of the Penal Law, for displaying a dangerous…