People v. McDaniel

Saxe and Catterson, JJ.,

dissent in part in a memorandum by Catterson, J., as follows: I am compelled to dissent because I believe that for the first time, this Court is adopting a wholly subjective test to establish the elements of robbery in the first degree (Penal Law § 160.15 [4]) in derogation of the Court of Appeals’ holdings in People v Lopez (73 NY2d 214 [1989]) and People v Baskerville (60 NY2d 374 [1983]).

Inexplicably, the majority contends that the People proved beyond a reasonable doubt that the defendant displayed what appeared to be a firearm. However, the record demonstrates…