PEOPLE v. JOHNSON


174 A.D.2d 695 (1991)

The People of the State of New York, Respondent, v. Waverly Johnson, Appellant

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

June 17, 1991


Ordered that the judgment is affirmed.

The defendant argues that the People failed to prove beyond a reasonable doubt the elements of robbery in the first degree set forth in count one of the indictment, to wit, that he "displayed a pistol, revolver and other firearm" (emphasis added). Although he concedes that Penal Law § 160.15 (4) requires possession of only one of the above weapons, he maintains that the People were bound by language of the indictment...

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