People v. Grant
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this appeal, we are called upon to determine whether defendant’s written statement threatening to shoot a robbery victim with a gun constitutes legally sufficient evidence that he was in actual possession of a dangerous instrument at the time of the crime to support the charge of robbery in the first degree (Penal Law § 160.15 [3]). We hold that such statement, by itself, is legally insufficient.
Defendant was indicted on one count of first-degree robbery and on one count of grand larceny in the fourth degree (Penal Law § 155.30 [1]). During the grand jury…
2Cases cited12 opinions
- People v. JenningsNew York Court of Appeals · 1986
- People v. PenaNew York Court of Appeals · 1980
- People v. BelloNew York Court of Appeals · 1998
- People v. DeeganNew York Court of Appeals · 1987
- People v. SalaNew York Court of Appeals · 2000
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3Cited by19 opinions
- Lynch v. DolceCourt of Appeals for the Second Circuit · 2015
- People v. SuberNew York Court of Appeals · 2012
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PearceAppellate Division of the Supreme Court of the State of New York · 2016
- People v. JackAppellate Division of the Supreme Court of the State of New York · 2017
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