People v. Abreu

Appellate Division of the Supreme Court of New York

People v. Abreu

51 A.D.2d 806, 380 N.Y.S.2d 76, 1976 N.Y. App. Div. LEXIS 11389

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1976

StatusPublished

This text of 51 A.D.2d 806 (People v. Abreu) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Abreu, 51 A.D.2d 806, 380 N.Y.S.2d 76, 1976 N.Y. App. Div. LEXIS 11389 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 10, 1975, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The trial court charged the jury, without exception, "that you may not find the defendant guilty of robbery in the first degree and robbery in the second degree. You may either find him guilty of robbery in the first degree or you must acquit him, or you may find him guilty of robbery in the second degree or you must acquit him. So that you will have, Hr. Foreman, and Hembers of the Jury, three possible charges before you: Robbery in the first degree, robbery in the second degree, or acquittal.” The choice of the jury in finding defendant guilty of robbery in the second degree is unassailable under the facts in this record. Hopkins, Acting P. J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 10, 1975, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The trial court charged the jury, without exception, "that you may not find the defendant guilty of robbery in the first degree and robbery in the second degree. You may either find him guilty of robbery in the first degree or you must acquit him, or you may find him guilty of robbery in the second degree or you must acquit him. So that you will have, Hr. Foreman, and Hembers of the Jury, three possible charges before you: Robbery in the first degree, robbery in the second degree, or acquittal.” The choice of the jury in finding defendant guilty of robbery in the second degree is unassailable under the facts in this record. Hopkins, Acting P. J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 806, 380 N.Y.S.2d 76, 1976 N.Y. App. Div. LEXIS 11389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abreu-nyappdiv-1976.