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PEOPLE v. GILLIARD

72 N.Y.2d 877 (1988)

The People of the State of New York, Appellant, v. Christopher Gilliard, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1988.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Lisa Feiner of counsel), for appellant.

Walter J. Evans, Jr., and Philip L. Weinstein for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At defendant's trial on the charge of robbery in the first degree, evidence was adduced that complainant was riding alone in the last car of a subway train when defendant approached her, motioned with his hand in his pocket as though he had a gun, and demanded money. Believing defendant to have a gun, complainant surrendered 7 or 8 dollar bills. During...

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