PEOPLE v. JENKINS


118 Misc.2d 530 (1983)

The People of the State of New York, Plaintiff, v. Horace Jenkins, Defendant.

Supreme Court, Trial Term, New York County.

April 7, 1983


Attorney(s) appearing for the Case

Caesar Cirigliano and Ruth Pickholz for defendant. Robert M. Morgenthau, District Attorney (Nancy Gold of counsel), for plaintiff.


SHELDON S. LEVY, J.

When, in the course of a robbery, a person has an unseen object — which is believed to be a gun — pressed against the body, has the perpetrator "[d]isplay[ed] what appears to be a * * * firearm" within the meaning of the robbery statutes (Penal Law, § 160.15, subd 4; § 160.10, subd 2, par [b])? Although such a fact pattern seems far from unique, the issue is one of first impression in this State.

The...

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