PEOPLE v. FABELO


211 A.D.2d 517 (1995)

621 N.Y.S.2d 565

The People of the State of New York, Respondent, v. Adalberto Fabelo, Appellant

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

January 19, 1995


We reject defendant's challenge to the sufficiency of the evidence supporting the robbery count. Although the main purpose of defendant's use of force may have been rape and sodomy, there was evidence from which the jury could reasonably conclude that defendant took the undressed victim's money from her clothing while he was still holding her prisoner under threat of death, and "continued the threat of force with the conscious...

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