PEOPLE v. SMITH


79 N.Y.2d 309 (1992)

The People of the State of New York, Appellant, v. Bryan Smith, Respondent.

Court of Appeals of the State of New York.

Decided April 2, 1992.


Attorney(s) appearing for the Case

Kevin M. Dillon, District Attorney (Eleanor T. Kubiniec and John J. DeFranks of counsel), for appellant.

David C. Schopp, Linda S. Reynolds and Barbara J. Davies for respondent.

Chief Judge WACHTLER and Judges HANCOCK, JR., and BELLACOSA concur with Judge KAYE; Judge TITONE dissents and votes to affirm in a separate opinion in which Judges SIMONS and ALEXANDER concur.


KAYE, J.

In this appeal from a conviction for robbery in the first degree, we must determine whether the robbery statute required proof that the defendant intended that his threatened use of force would compel the victim to deliver up her property or overcome resistance to the taking of the property. We conclude that there is such a mens rea element in the statute, but disagree with the Appellate Division...

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