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PEOPLE v. GONZALEZ

181 A.D.2d 741 (1992)

The People of the State of New York, Respondent, v. Emerito Gonzalez, Appellant

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

March 9, 1992

Ordered that the judgment is affirmed.

The defendant claims that his robbery conviction cannot stand in view of his acquittal of the charge of criminal possession of a weapon in the third degree. Under the theory of the People's case, the defendant forcibly stole the complainant's bag and, in the course thereof, threatened to stab her with a screwdriver. The trial court instructed the jury that a conviction for first degree...

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