PEOPLE v. KNOWLES


79 A.D.2d 116 (1981)

The People of the State of New York, Respondent, v. Vincent Knowles, Appellant

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

February 17, 1981


Attorney(s) appearing for the Case

J. Mitchell Rosenberg for appellant.

John J. Santucci, District Attorney (Marc David Orloff of counsel), for respondent.

DAMIANI, J. P., O'CONNOR and THOMPSON, JJ., concur.


WEINSTEIN, J.

Section 160.10 (subd 2, par [b]) of the Penal Law provides that a person is guilty of robbery in the second degree if he forcibly steals property and if, in the course of the commission of the crime, he "[d]isplays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm." We hold today that if a person who is in fact unarmed commits a robbery and, in the course thereof, positions his hand in his pocket in a manner...

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