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PEOPLE v. GILCHRIST

223 A.D.2d 382 (1996)

637 N.Y.S.2d 1

The People of the State of New York, Respondent, v. Stanley Gilchrist, Appellant

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

January 9, 1996

The New Jersey robbery statute under which defendant was previously convicted (NJ Stat Annot § 2C:15-1 [a] [2]) punishes the knowing use of force in the immediate flight from a theft, while the New York robbery statute (Penal Law § 160.00) punishes only the use of force with the intent to compel a person to give up his property or prevent resistance to the taking. As the People concede, since the New Jersey statute is broader and proscribes conduct that is not a...

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