PEOPLE v. ROLDAN


211 A.D.2d 366 (1995)

The People of the State of New York, Respondent, v. Victor Roldan, Appellant

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

June 15, 1995


Attorney(s) appearing for the Case

Lissa Griffin of counsel, White Plains (Phillip L. Weinstein, New York City, and John Jay Legal Services, Inc., White Plains, attorneys), for appellant.

Lisa Ellen Mudd of counsel, Bronx (Billie Manning on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

ASCH, NARDELLI and MAZZARELLI, JJ., concur with WALLACH, J.; MURPHY, P. J., dissents in a separate opinion.


WALLACH, J.

Circumstances, as lawyers and Judges are wont to say, alter cases. In that sense, all cases have circumstances. But that does not mean that they all thereby become circumstantial evidence cases, and this one, a knifepoint robbery in the subway system, is clearly not of that genre.

We are all in agreement that the evidence, viewed in the light most favorable to the People, was sufficient to...

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