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PEOPLE v. GAYLE

131 A.D.2d 365 (1987)

The People of the State of New York, Respondent, v. Melvin Gayle, Appellant

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

June 23, 1987

At trial ample evidence was adduced by the People to support defendant's conviction for robbery in the first degree by proof that in the course of his commission of the crime, he displayed what the two immediate victims believed to be a pistol (Penal Law § 160.15 [4]; People v Baskerville, 60 N.Y.2d 374). However, the same corpus of proof provided a reasonable basis for the jury to conclude that the "object" displayed by defendant...

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