PEOPLE v. JOYCE


100 A.D.2d 343 (1984)

The People of the State of New York, Respondent, v. Robert Patrick Joyce, Appellant

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

April 9, 1984


Attorney(s) appearing for the Case

Judd Burstein (Gerald L. Shargel of counsel), for appellant.

Patrick Henry, District Attorney (Steven A. Hovani of counsel), for respondent.

WEINSTEIN, BROWN and BOYERS, JJ., concur.


MOLLEN, P. J.

On this appeal, we are called upon to determine whether a conviction of conspiracy in the fourth degree can be sustained in the absence of proof that, as part of a conspiracy to burglarize a bank, the defendant agreed with his coconspirators that, if necessary, what would appear to be a firearm was to be displayed during the burglary. We hold that, in the absence of such proof, the conviction cannot stand.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases