People v. Duval
| Decision Date | 11 April 1991 |
| Citation | 568 N.Y.S.2d 80,172 A.D.2d 248 |
| Parties | The PEOPLE of the State of New York, Respondent, v. John DUVAL, Defendant-Appellant. The PEOPLE of the State of New York, Respondent, v. Robert EPIFANIA, Defendant-Appellant. The PEOPLE of the State of New York, Respondent, v. Edward CUMMINS, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before MURPHY, P.J., and ROSS, ELLERIN and SMITH, JJ.
Judgment of the Supreme Court, New York County (Rena Uviller, J.), rendered January 26, 1990, convicting defendant John Duval after jury trial of two counts of robbery in the second degree and one count of criminal possession of a weapon in the fourth degree, and sentencing him to terms of 1 1/2 to 4 1/2 years on each robbery count and 1 year on the weapon count, all to run concurrently, unanimously affirmed.
Judgment of the same court and justice rendered January 26, 1990, convicting defendant Robert Epifania of two counts of robbery in the second degree and one count each of grand larceny in the fourth degree and criminal possession of a weapon in the fourth degree, and sentencing him to terms of 2 to 6 years on each robbery count, 1 1/3 to 4 years on the grand larceny count, and 1 year on the weapon count, all to run concurrently, unanimously affirmed.
Judgment of the same court and justice rendered June 7, 1990, convicting defendant Edward Cummins of two counts of robbery in the second degree and one count each of assault in the third degree and criminal possession of a weapon in the fourth degree, and which upon his adjudication as a youthful offender sentenced defendant to 5 years probation, unanimously affirmed.
Defendant Epifania, who had been robbed by a group of youths, gave chase in a tow truck, accompanied by his friends, co-defendants Duval and Cummins. At the corner of Delancey and Norfolk Streets, defendant and his accomplices came upon the complainant, who had purportedly been Christmas shopping with two friends, and, believing him to be the person who had robbed defendant Epifania, beat and kicked him. Despite defendants' denials that they removed property from the complainant's pockets, each was convicted, after jury trial, of robbery in the second degree and related charges.
Defendants' claim of right did not establish an affirmative defense to the robbery charges (People v. Reid, 69 N.Y.2d 469, 515 N.Y.S.2d 750, 508 N.E.2d 661 (1987)). Under Penal Law § 155.15(1), a defense of claim of right may be invoked for a larceny committed by a trespassory taking or embezzlement. However, ...
To continue reading
Request your trial
-
U.S. v. Johnson, 00 CR. 1316(GEL).
...right, is robbery.") (citing People v. Reid, 69 N.Y.2d 469, 475, 515 N.Y.S.2d 750, 508 N.E.2d 661 (1987)); People v. Duval, 172 A.D.2d 248, 568 N.Y.S.2d 80, 81-82 (1st Dept.1991); People v. Hodges, 113 A.D.2d 514, 496 N.Y.S.2d 771 (2d Dep't 1985). Johnson's forcible taking of the money he w......
-
People v. Whetts
...the missing witness was under the People's control and that the witness's testimony would not be cumulative (see, People v. Duval, 172 A.D.2d 248, 249, 568 N.Y.S.2d 80). The defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d The defendant's remaining co......
- People v. Holman
-
People v. Justice
...to a missing witness charge as to a witness whose relationship to the complainant was no more than that of a friend (People v. Duval, 172 A.D.2d 248, 249, 568 N.Y.S.2d 80, lv denied 77 N.Y.2d 994, 571 N.Y.S.2d 920, 575 N.E.2d We have reviewed defendant's remaining contentions and find them ......