People v. Gonzales

Appellate Division of the Supreme Court of New York

People v. Gonzales

80 A.D.2d 647, 436 N.Y.S.2d 1012, 1981 N.Y. App. Div. LEXIS 10350

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

DecidedFebruary 23, 1981

StatusPublished

This text of 80 A.D.2d 647 (People v. Gonzales) 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. Gonzales, 80 A.D.2d 647, 436 N.Y.S.2d 1012, 1981 N.Y. App. Div. LEXIS 10350 (N.Y. Ct. App. 1981).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 17, 1980, convicting him of murder in the second degree (felony murder) and robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reducing the conviction of robbery in the first degree to one of attempted robbery in the first degree and vacating the sentence imposed thereon. As so modified, judgment affirmed, and case remitted to Criminal Term for resentencing on the reduced conviction. The evidence at trial, both direct and circumstantial, was insufficient to establish that property was actually taken from the deceased, a necessary prerequisite for a conviction of robbery in the first degree (Penal Law, § 160.15). Although this conviction thus cannot stand, the evidence presented did establish the crime of attempted robbery in the first degree. We have considered defendant’s other contentions and find them to be without merit. Gibbons, J. P., Rabin, Gulotta and Margett, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 17, 1980, convicting him of murder in the second degree (felony murder) and robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reducing the conviction of robbery in the first degree to one of attempted robbery in the first degree and vacating the sentence imposed thereon. As so modified, judgment affirmed, and case remitted to Criminal Term for resentencing on the reduced conviction. The evidence at trial, both direct and circumstantial, was insufficient to establish that property was actually taken from the deceased, a necessary prerequisite for a conviction of robbery in the first degree (Penal Law, § 160.15). Although this conviction thus cannot stand, the evidence presented did establish the crime of attempted robbery in the first degree. We have considered defendant’s other contentions and find them to be without merit. Gibbons, J. P., Rabin, Gulotta and Margett, JJ., concur.

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Bluebook (online)

80 A.D.2d 647, 436 N.Y.S.2d 1012, 1981 N.Y. App. Div. LEXIS 10350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonzales-nyappdiv-1981.