People v. Hodges
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*515OPINION OF THE COURT
O’Connor, J. P.
Should a defendant who purchases contraband be entitled to assert a claim of right defense (Penal Law § 155.15 [1]) to a robbery charge when he allegedly used force to recover money spent in the purchase? For the reasons stated below, we answer this question in the negative and thus affirm a judgment convicting defendant of second degree robbery.
I
The facts of the case were hotly contested at trial. According to the People’s witnesses, at approximately 10:00 p.m. on September 16, 1981, the complainant was confronted by defendant and an accomplice, both…
2Cases cited17 opinions
- People v. WattsNew York Court of Appeals · 1982
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ButlerCalifornia Supreme Court · 1967
- Pierce v. CommonwealthSupreme Court of Virginia · 1964
- Meech v. . StonerNew York Court of Appeals · 1859
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3Cited by17 opinions
- People v. BarnettCalifornia Court of Appeal · 1998
- People v. BarnettCalifornia Supreme Court · 1998
- People v. TufungaCalifornia Supreme Court · 1999
- People v. ReidNew York Court of Appeals · 1987
- State v. SuaHawaii Supreme Court · 1999
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