People v. Santiago
| Decision Date | 15 January 1980 |
| Citation | 48 N.Y.2d 1023,402 N.E.2d 121,425 N.Y.S.2d 782 |
| Parties | , 402 N.E.2d 121 The PEOPLE of the State of New York, Respondent, v. George Torres SANTIAGO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed. Since the jury could have found that the defendant's method of operation resulted in this instance in the use of the force of the movement of the train upon the victim to overcome her resistance to the taking of her purse, there was sufficient evidence that his act constituted attempted robbery rather than simple larceny (Penal Law, § 160.00). Furthermore, there was evidence that the victim's death was caused either "in the course of and in furtherance of" the attempted robbery or of "immediate flight therefrom" (Penal Law, § 125.25, subd. 3). There was, therefore, a sufficient predicate for the felony murder conviction.
Order affirmed in a memorandum.
To continue reading
Request your trial
-
People v. Benson
...involving violence or substantial risk of serious injury (People v. Santiago, 62 A.D.2d 572, 579, 405 N.Y.S.2d 752, affd 48 N.Y.2d 1023, 425 N.Y.S.2d 782, 402 N.E.2d 121). Defendant is charged with a homicide committed during the course of and in furtherance of a robbery. There is, therefor......
-
McCummings v. New York City Transit Authority
...to the victim' " (People v. Santiago, 62 A.D.2d 572, 579, 405 N.Y.S.2d 752 [quoting, Note, 54 Col.L.Rev. 84, 109], aff'd 48 N.Y.2d 1023, 425 N.Y.S.2d 782, 402 N.E.2d 121). Therefore, as applied to the apprehension of a robbery suspect by a police officer, Penal Law § 35.30 is consistent wit......
-
People v. Nieves
...As the Appellate Division, Second Department, stated in People v. Santiago, 62 A.D.2d 572, 579, 405 N.Y.S.2d 752, affd., 48 N.Y.2d 1023, 425 N.Y.S.2d 782, 402 N.E.2d 121, "[T]he law of robbery, and indeed other forms of aggravated theft, developed 'to protect not only against misappropriati......
-
United States v. Steed
...in a dazed condition." Mulkern, 854 F.3d at 92–93 (citing Jones, 283 N.E.2d at 845 ).Moreover, in People v. Santiago, 48 N.Y.2d 1023, 425 N.Y.S.2d 782, 402 N.E.2d 121 (1980), which was decided more than a decade before Lawrence , an intermediate appellate court considered whether a defendan......