Judgment unanimously modified on the law and as modified affirmed and matter remitted to Cayuga County Court for further proceedings in accordance with the following Memorandum: In order to establish defendant's guilt of robbery in the first degree (see, Penal Law § 160.15 [3]), the People were required to prove that defendant actually possessed a dangerous instrument at the time of the crime (see, People v Pena,
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PEOPLE v. ELDER
203 A.D.2d 903 (1994)
612 N.Y.S.2d 1012
The People of the State of New York, Respondent, v. Earnest Elder, Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
April 15, 1994
April 15, 1994
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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