PEOPLE v. DAVIS


3 A.D.3d 339 (2004)

769 N.Y.S.2d 888

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER DAVIS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK ex rel. SYLVESTER DAVIS, Appellant, v. WARDEN OF ARTHUR KILL CORRECTIONAL FACILITY et al., Respondents.

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

January 8, 2004.


On this record, there was sufficient question as to the nature of the unseen object so that the court should have granted defendant's request to charge the jury on the affirmative defense to robbery in the first degree (Penal Law § 160.15 [4]). "A defendant is entitled to a charge on the affirmative defense to robbery in the first degree when there is presented sufficient evidence for the jury to find by a preponderance of the evidence that the elements of the defense...

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