PEOPLE v. ALMONTE


102 Misc.2d 950 (1980)

The People of the State of New York, Plaintiff, v. Ignacio Almonte, Defendant.

Supreme Court, Trial Term, New York County.

February 13, 1980.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Bruce Jackson of counsel), for plaintiff. Leon B. Polsky and Harvey Fishbein for defendant.


SHELDON S. LEVY, J.

Is a cut upper lip which bleeds a "physical injury" within the contemplation of the second degree robbery statute (Penal Law, § 160.10, subd 2, par [a])? The question has not been dealt with directly before in this State.

At the conclusion of the People's case in this robbery prosecution, the defendant, having raised the issue of identity as his prime defense, immediately rested and made the usual motions. The court, as...

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