[DOWNLOAD] "People State New York v. Roberto Iglesias" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Roberto Iglesias
- Author : Supreme Court of New York
- Release Date : January 09, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The trial court submitted to the jury the crime of robbery in the first degree under subdivision 3 of section 160.15 of the Penal Law which provides as follows: "A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: * * * 3. Uses or threatens the immediate use of a dangerous instrument." We find that such was error. The proof at the trial merely established that in the course of the robbery one of the defendants displayed a gun. There was no proof that the gun was loaded or that it was used. While the Court of Appeals in People v. Roden (21 N.Y.2d 810) concluded that an unloaded gun was a dangerous weapon within the meaning of former Penal Law, subdivision 4 of section 2124, the new Penal Law (§ 160.15, subd. 3) requires more than mere possession of the dangerous instrument to establish the crime of robbery in the first degree. Since all that was established was [40 A.D.2d 778 Page 779]