PEOPLE v. HODGES


113 A.D.2d 514 (1985)

The People of the State of New York, Respondent, v. Cornelius Hodges, Appellant

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

December 30, 1985


Attorney(s) appearing for the Case

Philip L. Weinstein (David J. Williams and William E. Hellerstein of counsel), for appellant.

John J. Santucci, District Attorney (Seymour Roth of counsel), for respondent.

NIEHOFF, RUBIN and LAWRENCE, JJ., concur.


O'CONNOR, J. P.

Should a defendant who purchases contraband be entitled to assert a claim of right defense (Penal Law § 155.15 [1]) to a robbery charge when he allegedly used force to recover money spent in the purchase? For the reasons stated below, we answer this question in the negative and thus affirm a judgment convicting defendant of second degree robbery.

I

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