People v. Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered August 4, 1997, convicting him of robbery in the third degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant erroneously contends that the prohibition against double jeopardy bars his conviction of criminal possession of stolen property in the fifth degree, because his conviction of robbery in the third degree arose from the same factual predicate. “Robbery requires proof of a fact not…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- People v. AshwalNew York Court of Appeals · 1976
- People v. PrescottNew York Court of Appeals · 1985
- People v. ScottiAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RosarioAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by7 opinions
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- In re Bomani L.Appellate Division of the Supreme Court of the State of New York · 2002
- People v. AffserAppellate Division of the Supreme Court of the State of New York · 2003
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