MATTER OF HAMMER


139 Misc.2d 782 (1988)

In the Matter of Monroe Hammer, a Person Alleged to be a Juvenile Delinquent, Respondent.

Family Court, Bronx County.

May 10, 1988


Attorney(s) appearing for the Case

Rubye Williams for respondent. Peter L. Zimroth, Corporation Counsel (Frances Sands of counsel), for petitioner.


JEFFRY H. GALLET, J.

Respondent moves to set aside the fact-finding verdict of robbery in the second degree (Penal Law § 160.10 [1]) in this delinquency proceeding on the grounds that it is repugnant, inconsistent and against the weight of the evidence.

THE ISSUE

At issue is whether a "claim of right" to an identifiable, nonfungible piece of personal property may be a defense to robbery.

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