PEOPLE v. HALL

Nos. 197, 198.

18 N.Y.3d 122 (2011)

2011 NY Slip Op 8445

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. MICHAEL HALL, Respondent-Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. JOHN FREEMAN, Respondent-Appellant.

Court of Appeals of New York.

Decided November 21, 2011.


Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( William H. Branigan and John M. Castellano of counsel), for appellant-respondent in the first and second above-entitled actions.

Legal Aid Society, New York City ( William B. Carney and Steven Banks of counsel), for respondent-appellant in the first above-entitled action.

Appellate Advocates, New York City ( William G. Kastin and Lynn W.L. Fahey of counsel), for respondent-appellant in the second above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.


OPINION OF THE COURT

SMITH, J.

Defendants, Michael Hall and John Freeman, were accused of robbing a store and using a stun gun to incapacitate the store manager temporarily. We agree with the Appellate Division that the People failed to prove that the stun gun was a "dangerous instrument" as defined in the Penal Law, and that therefore defendants' convictions for first degree robbery and fourth degree weapon...

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