PEOPLE v. AVILLA


234 A.D.2d 45 (1996)

650 N.Y.S.2d 674

The People of the State of New York, Appellant, v. Emerson Avilla, Respondent

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

December 5, 1996


The complainant's Grand Jury testimony, that he was approached by two men on the street, one of whom, the defendant, said "I have a gun and I'm gonna blast you, hand over your money", and then reached inside his jacket in the area of his waist, at which point the complainant ran away and called the police, was legally sufficient to establish all the elements of the crime of attempted robbery in the first degree. By his statement and then his gesture of reaching into his jacket...

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