[DOWNLOAD] "People State New York v. Arthur D. Smith" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Arthur D. Smith
- Author : Court of Appeals of New York
- Release Date : January 09, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
We conclude that the trial court erred by refusing defendants request to charge robbery in the second degree. As noted by the dissenter in the court below, defendants confession, which was admitted into evidence as part of the Peoples direct case, contained a statement to the effect that the weapon defendant was carrying during the robbery was a toy gun. This statement provided a reasonable basis in the evidence for the jury to conclude that the firearm displayed by defendant "was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged." (Penal Law, § 160.15, subd 4; see CPL 300.50, subds 1, 2.) Therefore, defendant was entitled to a charge on the lesser offense of robbery in the second degree. Contrary to the Peoples contention, the trial courts charge concerning accomplice liability in no sense removed the effect of the prior error occasioned by the courts refusal to charge the lesser offense.