People v. King

Appeal by defendant from a judgment of the County Court, Queens County, rendered June 23, 1959, convicting him, after a jiiry trial, of robbery in the first degree and sentencing him to serve a term of 10 to 15 years. Judgment reversed on the law and the facts and a new trial ordered. The evidence was inconclusive as to whether the pistol used by the defendant in the commission of the crime was capable of being fired, and consequently a question of fact was presented for determination by the jury as to whether the defendant was “armed with a dangerous weapon” within the meaning of subdivision…