PEOPLE v. BLUE


240 A.D.2d 281 (1997)

658 N.Y.S.2d 315

The People of the State of New York, Respondent, v. Freddie Blue, Appellant

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

June 19, 1997


The verdict was not against the weight of the evidence. Proof that defendant, aided by another actually present, forcibly tore the complainant's pocket out of his pants to reach the complainant's money, as well as defendant's continued use of force to retain the money, overwhelmingly established defendant's guilt of robbery in the second degree (Penal Law § 160.10 [1]).

The trial court appropriately exercised its discretion in ruling, pursuant to CPL 270.35,...

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