PEOPLE v. LEIVA


63 N.Y.2d 288 (1984)

The People of the State of New York, Respondent, v. Miguel Leiva, Appellant.

Court of Appeals of the State of New York.

Decided November 13, 1984.


Attorney(s) appearing for the Case

David P. Greenberg and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Irving L. Rotter and Debora K. Grobman of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion.


Per Curiam.

The order of the Appellate Division should be affirmed.

In the late evening of October 24, 1980, defendant, Miguel Leiva, together with Reynaldo Barrios, accosted and robbed Merrill Fuchs as she walked along Cabrini Boulevard in Manhattan. Defendant displayed what appeared to be a handgun, but which was actually a toy pistol, and Barrios wielded a knife. Defendant and Barrios were apprehended and...

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