Legal Opinion

People v. Pena

New York Court of Appeals

Decided June 10, 1980PublishedCited by 293 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

Appellants Harry Turrell and Joseph Pena stand convicted, after a trial by jury, of robbery in the first degree and criminal possession of stolen property in the third degree, both arising out of the robbery of 16-year-old Anthony Irons.

Their convictions having been affirmed by the Appellate Division, each defendant now raises the claim that the proof was insufficient to convict him of first degree robbery, which, under the theory charged in the indictment, involves the use or threatened immediate use of a dangerous instrument (Penal Law, § 160.15, subd 3).…

2Cases cited16 opinions

  1. Davis v. AlaskaSupreme Court of the United States · 1974
  2. Bordenkircher v. HayesSupreme Court of the United States · 1978
  3. People v. RosarioNew York Court of Appeals · 1961
  4. People v. GissendannerNew York Court of Appeals · 1979
  5. People v. SelikoffNew York Court of Appeals · 1974

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3Cited by293 opinions

  1. People v. FarrarNew York Court of Appeals · 1981
  2. People v. AlmodovarNew York Court of Appeals · 1984
  3. Kelly v. SafirNew York Court of Appeals · 2001
  4. People v. LopezNew York Court of Appeals · 1989
  5. People v. GirolamoAppellate Division of the Supreme Court of the State of New York · 1985

288 more not listed; retrieve them via the Exa API.

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