PEOPLE v. SILVA


69 N.Y.2d 858 (1987)

The People of the State of New York, Respondent, v. Gilberto Silva, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1987.


Attorney(s) appearing for the Case

Jonathan M. Kratter and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Jeffrey Scott Sarokin of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be modified by reversing defendant's convictions of robbery in the first and second degrees and ordering a new trial on those counts, and as so modified, affirmed.

While on duty, John Perry — a parking lot attendant — was robbed of money and clothing by three masked men with guns. One of the robbers tied Perry's hands and feet; the three men then...

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