PEOPLE v. CHERRY


49 A.D.2d 860 (1975)

The People of the State of New York, Respondent, v. Leon Cherry, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 28, 1975


The evidence adduced at the trial established to the jury's satisfaction that defendant "grabbed" a decoy officer's arm and "jerked" him up off a park bench while an accomplice pulled out the officer's wallet, ripping the button which secured the pocket in the process. The trial court properly submitted the robbery and larceny counts to the jury in the alternative (CPL 300.40, subd 3, par [b]) and the jury found defendant guilty of the greater count. Unfortunately, in the...

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