PEOPLE v. ALVAREZ

Ind. No. 4238/17. Appeal No. 420. Case No. 2019-1521.

217 A.D.3d 483 (2023)

190 N.Y.S.3d 363

2023 NY Slip Op 03078

The People of the State of New York, Respondent, v. Nelson Alvarez, Appellant.

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

Decided June 8, 2023.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Ronald Zapata of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Matthew Colangelo of counsel), for respondent.

Concur— Webber, J.P., González, Rodriguez, Pitt-Burke, JJ.


Judgment, Supreme Court, New York County (Cassandra M. Mullen, J.), rendered November 8, 2018, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of nine years, unanimously affirmed.

The court providently exercised its discretion in declining defendant's request for a specific instruction that force used solely to escape does not establish robbery. The court's standard instructions on...

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