PEOPLE v. GORDON

6879, 1832/06.

92 A.D.3d 580 (2012)

938 N.Y.S.2d 554

2012 NY Slip Op 1354

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD GORDON, Appellant.

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

Decided February 23, 2012.


Defendant claims he was improperly convicted of first-degree robbery under Penal Law § 160.15 (4) (displaying what appeared to be a firearm) because the police recovered an operable but unloaded pistol that the victim identified as having been displayed during the robbery. Defendant did not preserve this claim, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the...

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