PEOPLE v. CYRUS


48 A.D.3d 150 (2007)

848 N.Y.S.2d 67

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS CYRUS, Appellant.

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

December 18, 2007.


Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Risa Gerson of counsel), and Weil, Gotshal & Manges LLP, New York City (Yehudah L. Buchweitz of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent.

MAZZARELLI, J.P., ANDRIAS, CATTERSON and MALONE, JJ., concur.


OPINION OF THE COURT

GONZALEZ, J.

The critical issue at this criminal trial was whether defendant merely stole property from a Duane Reade store, thereby committing the misdemeanor crime of petit larceny, or whether he brandished a box cutter during the course of the theft, elevating his conduct to the crime of felony robbery. While the prosecution's evidence was strong and credible, the failure of defendant's trial counsel to investigate the law and facts...

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