People v. Ramos
| Decision Date | 20 August 1981 |
| Citation | 442 N.Y.S.2d 61,83 A.D.2d 817 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Rafael RAMOS, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
E. Furman, New York City, for respondent.
D. Blackstone, New York City, for defendant-appellant.
Before SANDLER, J. P., and CARRO, BLOOM and FEIN, JJ.
Judgment, Supreme Court, Bronx County, rendered March 28, 1979, convicting defendant after jury trial of robbery in the second degree and sentencing him to an indeterminate term of six to twelve years imprisonment, unanimously reversed on the law and the matter is remanded for new trial.
The victim, a 65-year old taxi driver with an extensive criminal record, testified that he had been drinking at a Bronx bar on the night of June 29-30, 1978 with one Inez Cosme, whom he had never met before. After about two hours of drinking and conversation, Cosme made a few phone calls and then the couple left together. In response to the victim's suggestion that they go to his apartment for a few more drinks, Cosme invited him to her apartment instead. The victim agreed, and asked Cosme to drive his car because he was too intoxicated. After seemingly driving around in circles, Cosme stopped the car at the corner of 184th Street and Creston Avenue, where defendant suddenly appeared and jumped into the back seat. They then proceeded to a deserted gas station where Cosme began assaulting the victim, demanding his money and threatening to kill him. During this action defendant reached over from the back seat and grabbed the victim around the neck. The victim testified that he felt a cold object pressed against his neck. After Cosme had relieved him of his watch and cash, the victim was able to open the door and break away just as the police arrived at the scene.
The police had followed the car when they noticed its suspiciously slow meanderings through the neighborhood. During the course of their surveillance they observed the female driver stop and let defendant in after a brief conversation with him, followed by the commotion in the car. The police testimony corroborated the victim's story that defendant had held his arm around the victim's neck while Cosme punched the victim. When the victim saw the police he immediately screamed that he had been robbed.
The evidence of the act was clearly established for the jury. However, the element of intent, which is also an indispensable ingredient of the crime of robbery (...
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