PEOPLE v. FLYNN


123 Misc.2d 1021 (1984)

The People of the State of New York, Plaintiff, v. James Flynn, Allan Coppola and Michael Silverman, Defendants.

Supreme Court, Trial Term, New York County.

April 30, 1984


Attorney(s) appearing for the Case

William Mogulescu for James Flynn, defendant. Stephen L. Cohen for Allan Coppola, defendant. Norman C. Schwartz for Michael Silverman, defendant. Robert M. Morgenthau, District Attorney (Michael Hilf of counsel), for plaintiff.


SHELDON S. LEVY, J.

How much physical force must be used, or immediately threatened, to support prima facie a charge of robbery? Is a threat of police arrest sufficient? Answers to these questions have not previously been reported in this State and are, accordingly, of first impression.

The defendants were accused in a five-count indictment, inter alia, of robbery in the first degree (defendant Flynn — a probationary Transit Authority...

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