PEOPLE v. JACKSON


194 Misc.2d 588 (2003)

755 N.Y.S.2d 795

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LINWOOD JACKSON, Defendant.

Supreme Court, Monroe County.

January 16, 2003.


Attorney(s) appearing for the Case

Michael P. Schiano for defendant.

Howard R. Relin, District Attorney (Robert A. Marangola of counsel), for plaintiff.


OPINION OF THE COURT

KENNETH R. FISHER, J.

Defendant moves pursuant to CPL 290.10 for a trial order of dismissal of the count charging robbery in the first degree, Penal Law § 160.15 (3), on the ground that the trial evidence is not legally sufficient to establish both the forcible taking element, and the use of a dangerous instrument element. The latter contention is based on the fact that the object stolen, a loaded pistol, is alleged to have been...

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