PEOPLE v. TINEO

Nos. 6170, 4390/08.

94 A.D.3d 507 (2012)

941 N.Y.S.2d 621

2012 NY Slip Op 2751

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO TINEO, Appellant.

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

Decided April 12, 2012.


Subdivision (4) of Penal Law § 160.15 defines robbery in the first degree so as to require that in the course of forcibly stealing property the perpetrator "[d]isplays what appears to be a pistol, revolver ... or other firearm." Such "display must actually be witnessed in some manner by the victim" of the crime (People v Baskerville, 60 N.Y.2d 374, 381 [1983]). The evidence supporting the attempted robbery in the first degree...

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