PEOPLE v. PERALTA


3 A.D.3d 353 (2004)

770 N.Y.S.2d 339

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALIXTO PERALTA, Appellant.

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

January 13, 2004.


Defendant was convicted of first-degree robbery under Penal Law § 160.15 (3) and second-degree burglary under Penal Law § 140.25 (1) (c). Both statutes require proof that, during the commission of the robbery or burglary, the defendant "[u]se[d] or threaten[ed] the immediate use of a dangerous instrument." Defendant appeals, arguing that his convictions under both of those statutes were not based on legally sufficient evidence...

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