PEOPLE v. BASKERVILLE


60 N.Y.2d 374 (1983)

The People of the State of New York, Respondent, v. Kaydon Baskerville, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Penelope D. Clute for appellant.

Joseph W. Kelley, District Attorney (Steven J. Greenblatt and Michael A. Gross of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.


MEYER, J.

A robber who holds and uses a black object covered by a towel in such manner as to give his victims the impression that he is threatening them with a gun "[d]isplays what appears to be a * * * firearm" within the meaning of subdivision 4 of section 160.15 of the Penal Law, and an instruction to the jury to that effect is not erroneous. It is error, however, in a case in which the jury could conclude...

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