State v. Kelvin Williams (071306)

A jury convicted defendant, Kelvin Williams, of first-degree robbery based on evidence that he entered a bank, told a teller he possessed a bomb, and demanded money. Defendant made no gesture as he issued his threat, and a bomb was not displayed. Defendant was dressed in a hooded sweatshirt and pants, and his hands were not visible. It is undisputed that defendant was not armed with a bomb.

Second-degree robbery is elevated to a first-degree crime when the robber threatens the immediate use of a deadly weapon. N.J.S.A. 2C:15-l(b). This element of robbery does not require that the robber…