PEOPLE v. RODRIGUEZ


272 A.D.2d 131 (2000)

709 N.Y.S.2d 390

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO RODRIGUEZ, Appellant.

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

Decided May 9, 2000.


The court properly declined to submit to the jury the affirmative defense of duress, since no reasonable view of the evidence supported that defense. There was no evidence that the codefendant made any type of threat to harm either defendant or anyone else if defendant did not agree to participate in the crime (see, Penal Law § 40.00).

We perceive no abuse of sentencing...

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