PEOPLE v. BAUER


113 A.D.2d 543 (1985)

The People of the State of New York, Respondent, v. Charles A. Bauer, Appellant

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

December 30, 1985


Attorney(s) appearing for the Case

W. Alexander Melbardis for appellant.

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

NIEHOFF and LAWRENCE, JJ., concur with MOLLEN, P. J.; O'CONNOR, J., dissents and votes to reverse the judgment appealed from and dismiss the indictment, with an opinion.


MOLLEN, P. J.

On this appeal, the principal issue dividing this court concerns the sufficiency of the evidence of the defendant's guilt of robbery in the first degree. Viewing the evidence, as we must, in a light most favorable to the prosecution, giving it the benefit of every reasonable inference to be drawn therefrom (see, Jackson v Virginia, 443 U.S. 307, 319...

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